SCHOOL JLiJL. W OF 1 8 G 1 . 
 
 A.!Nr ACT 
 
 TO ESTABLISH AND MAINTAIN A SYSTEM OF 
 
 FREE SCHOOLS, 
 
 IN THE 
 
 STATE OF ILLINOIS, 
 
 AS AMENDED FEBRUARY 21, 1861. 
 
 SPRINGFIELD : 
 
 BAILHACHE & BAKER, PRINTERS. 
 
 1861. 
 

 tA 
 
 
 
■A.3ST ACT 
 
 TO ESTABLISH AND MAINTAIN A SYSTEM OF 
 
 FREE SCHOOLS. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION HIS ELEC- 
 
 TION AND DUTIES. 
 
 Section 1 . Be it enacted by the People of the State of 
 Illinois , represented in the General Assembly , That at the Election of su- 
 election to be held on Tuesday after the first Monday of perintendent - 
 November, A. D. 1858, and biennially thereafter, there shall 
 be elected, by the legal voters of this state, a state superin- 
 tendent of public instruction, who shall hold his office for 
 two years, and until his successor is duly elected and quali- 
 fied. 
 
 § 2. Before entering upon his duties, he shall take and To give bond, 
 subscribe the usual oath of office, and shall also execute a 
 bond, in the penalty of twenty-five thousand dollars, paya- 
 ble to the state of Illinois, with sureties to be approved by 
 the. governor, conditioned for the prompt discharge of his 
 duties as superintendent of public instruction, and for the 
 faithful application and disposition, according to law, of all 
 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 there- 
 on by the state, at any time, for a breach of the conditions 
 thereof. 
 
 § 3 . It shall be his duty to keep an office at the seat of Keep office at the 
 government of the state, and to file all papers, reports and “e‘ t of gov * ro ' 
 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 he exhibited to 
 the governor, or to any committee of either house of the 
 general assembly ; and shall keep a fair record of all mat- 
 ters pertaining to the business of his office. 
 
 780501 
 
1861. 
 
 4 
 
 Pay over moneys. 
 
 To advise with 
 teachers. 
 
 Supervision of 
 common schools. 
 
 Address circular 
 letters. 
 
 Report to Gov- 
 ernor. 
 
 Make rules and 
 regulations. 
 
 § 4. He shall, without delay, pay over all sums of money 
 which may come into his hands by virtue of his office, to the 
 officer or person entitled to receive the same, in such manner 
 as may be prescribed by law. 
 
 § 5. He shall counsel and advise, in such manner as he 
 may deem most advisable, with experienced and practical 
 school teachers, as to the best manner of conducting com- 
 mon schools. 
 
 § 6. Said superintendent shall have the supervision of 
 all the common and public schools in the state, and shall be 
 the general adviser and assistant of school commissioners in 
 the state ; he shall, from time to time, as he shall deem for 
 the interest of schools, address circular letters to said com- 
 missioners, giving advice as to the best manner of conduct- 
 ing schools, constructing school houses, furnishing the same, 
 and procuring competent teachers. 
 
 § 7. Said state superintendent shall, before the fifteenth 
 day of December of every year preceding that in which 
 shall be holden a regular session of the general assembly, 
 report to the governor the condition of the schools in the 
 several counties of the state, the whole number of schools 
 which have been taught in each county in each of the pre- 
 ceding years, commencing on the first Monday of October; 
 what part of said number have been taught by males exclu- 
 sively ; what part by females exclusively ; what part of 
 said whole number have been taught by males and females 
 at the same time ; and wdiat part by males and females at 
 different periods ; the number of scholars in attendance at 
 said schools ; the number of white persons in each county 
 under twenty-one years of age ; the amount of township 
 and county fund ; the amount of the interest of the state 
 or common school fund, and of the interest of the township 
 and of the county fund annually paid out ; the amount 
 raised by an ad valorem tax ; the whole amount annually 
 expended for schools ; the number of school houses, their 
 kind and condition ; the number of townships and parts of 
 townships in each county ; the number and description of 
 hooks and apparatus purchased for the use of schools and 
 school libraries under the provisions of this act, the prices 
 paid for the same, and total amount purchased, and what 
 quantity and how distributed ; and the number and condi- 
 tion of the libraries, together with such other information 
 and suggestions as he may deem important in relation to 
 the school laws, schools, and the means of promoting edu- 
 cation throughout the state ; which report shall be laid be- 
 fore the general assembly at each regular session. 
 
 § 8. The said state superintendent of public instruction 
 shall make such rules and regulations as he may think 
 necessary and expedient to carry into full effect the provi- 
 sions of this act, and of all the laws which now are or may 
 hereafter be in force for establishing and maintaining schools 
 
5 
 
 1861. 
 
 t 
 
 i 
 
 in this state ; and the said superintendent shall have power, 
 
 and it shall be his duty, to explain and interpret and deter- to interpret the 
 
 mine to all school commissioners, directors, township and ^t amng ° f this 
 
 other school officers, the true intent and meaning of this act, 
 
 and their several duties enjoined thereby, and his decision 
 
 shall be final, unless otherwise directed by the legislature, 
 
 or reversed by a court of competent jurisdiction. 
 
 § 9. The said state superintendent shall have power to to cause school 
 direct and cause the school commissioner of any county, toTithhoi” 
 directors or board of trustees or township treasurer of any funds - 
 township, or other school officer, to withhold from any 
 officer, or township, or teacher, any part of the common 
 school, or township, or other school fund, until such officer, 
 township, or teacher, shall have complied with all the pro- 
 visions of this act relating to his, her or their duties, and 
 such rules and regulations as the state superintendent may 
 prescribe, not inconsistent with this act ; and the state su- 
 perintendent may forbid the payment of any part of the 
 common school, township, county, or other school fund, to 
 any district in which the school or schools have not been 
 kept according to law, or in which no school has been kept 
 for six months during the year next preceding the demand 
 for payment. 
 
 § 10. And the said state superintendent shall receive salary of super- 
 annually the sum of fifteen hundred dollars, to be paid quar- mtendent * 
 terly, as a salary for the services required under the provi- 
 sions of this act, or any other law that may be passed, and 
 also for all necessary contingent expenses for books, postage 
 and stationery pertaining to his office, to be audited and 
 paid by the state, as the salaries and contingent expenses of 
 other officers are paid. 
 
 SCHOOL COMMISSIONERS THEIR ELECTION AND DUTIES. 
 
 § 11. On the Tuesday next after the first Monday in Election of school 
 November next, and on the Tuesday next after the first 
 Monday in November, every two years thereafter, there 
 shall be elected, by the qualified voters of each and every 
 county in this state, a school commissioner, who shall exe- 
 cute the duties herein required. He shall, before entering 
 upon his duties, take an oath for the faithful discharge of his 
 duties. He shall, before entering upon his duties, execute a 
 bond, payable to the state of Illinois, with two or more re- to give bond, 
 sponsible freeholders as security, to be approved by the 
 county court, ( or in counties adopting the township organi- 
 zation, by the board of supervisors,) in a penalty of not less 
 than twelve thousand dollars, to be increased at the discre- 
 tion of said court, in proportion to his responsibilities, con- 
 ditioned that he will faithfully perform all the duties of 
 school commissioner of said county, according to the laws 
 which are or may be in force ; by which bond the obligors 
 
1861. 
 
 6 
 
 shall be bound jointly and severally, and upon which an 
 action or actions may be maintained by the board of trus- 
 tees of the proper township, for the use 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 : 
 
 Form of bond. 
 
 State of Illinois, ) 
 
 County. \ SS ' 
 
 Know all men by these presents, that we, A. B., C. D. and E. F., are held and 
 firmly bound, jointly and severally, unto the people of the state of Illinois, 
 in the penal sum of dollars, to the payment of which we bind our- 
 
 selves, our heirs, executors and administrators, firmly by these presents. In 
 
 witness whereof we have hereunto set our hands and seals, this day 
 
 of , A. D. 185—. 
 
 The condition of the above obligation is such, that if the above bounden 
 A. B., school commissioner of the county aforesaid, shall faithfully discharge 
 all the duties of said office according to the laws which now are, or may 
 hereafter be in force, and shall deliver over to his . successor in office all 
 moneys, books, papers and property in his hands as such school commis- 
 sioner, then this obligation to be void ; otherwise to remain in full force and 
 virtue. 
 
 SEAL. 
 
 SEAL. 
 
 SEAL. 
 
 And which bond shall be filed in the office of the county 
 court. 
 
 Liable to removal § 13. The' said commissioner shall be liable to removal 
 
 by the county court, (or in counties adopting township or- 
 ganization, by the board of supervisors,) for any palpable 
 violation of law or omission of duty ; and if a majority of 
 said court or board of supervisors shall at any time be satis- 
 fied that his bond is insufficient, it shall be his duty, on 
 notice, to execute a new bond, to be payable, conditioned 
 and approved as the first bond ; the execution of which 
 shall not affect the old bond, or the liability of the security 
 vacanc to be fill thereof \ and when the office of school commissioner shall 
 ed by appoint- become vacant, by death, resignation, or otherwise, the 
 ment. county court, or board of supervisors, shall fill the same by 
 
 appointment for the unexpired term, and the person so ap- 
 pointed shall hold his office until his successor shall be quali- 
 fied. 
 
 to provide books § Id. The said commissioner shall provide three well 
 count e of saies'of bound books, to be known and designated by the letters A, 
 lands and mo- B, 0, for the following purposes : In book A he shall re- 
 neys received. CQr( j ^ j en g^ a q petitions presented to him for the sale of 
 common school lands, and the plats and certificates of valu- 
 ation made by or under the direction of the trustees of 
 schools, and the affidavits in relation to the same. In book 
 B he shall keep an account of all sales of common school 
 lands ; which account shall contain the date of sale, name 
 of purchaser, description of lands sold, and the sum sold 
 for. In book C he shall keep a regular account of all 
 
 
 A 
 
7 
 
 1861. 
 
 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 secu- 
 rity, a description of said real estate, and if paid out, to 
 whom, when, and on what account, and the amount paid 
 out ; the list of sales, and the accounts of each township 
 fund to be kept separate. Said books shall be paid for out 
 of the county treasury of the counties in which they are 
 used. 
 
 § 15. Whenever the bond of the township treasurer, 
 approved by the board of trustees of schools, as required by 
 law, shall be delivered by the trustees of schools, or either 
 of them, to the school commissioner, he shall receive and file 
 the same with the papers of his office. He shall then, on 
 demand, deliver to said township treasurer, who shall re- 
 ceipt therefor, all moneys in his hands belonging to said 
 township ; also, all bonds, mortgages, notes and securities 
 of every description, for money or property due or to be- 
 come due the township, and all papers of every description 
 belonging to or in anywise pertaining to the rights or inter- 
 ests of said township ; and the receipt of said treasurer to 
 the school commissioner shall be carefully preserved, and 
 shall be evidence of the facts therein stated, as well in favor 
 of the school commissioner as against the township treasurer. 
 
 § 16. Upon the receipt of the amount due upon the au- 
 ditor’s warrant, the school commissioner shall apportion 
 one-third of said amount to the several townships and 
 parts of townships in his county, in proportion to the num- 
 ber of acres in said townships and parts of townships, and 
 the remaining two-thirds to the several townships and frac- 
 tional townships in his county, according to the number of 
 white children, under twenty-one years of age, returned to 
 him, in which townships or parts of townships schools have 
 been kept in accordance with the provisions of this act, and 
 with the instructions of the state and county superintend- 
 ents, and shall pay over the distributive share belonging to 
 each township and fractional township, as aforesaid, to the 
 respective township treasurers, or other authorized persons, 
 annually. When there is a county fund in the hands of any 
 school commissioner, it shall be loaned, and the interest ap- 
 plied as provided in this section with respect to the interest 
 on the state fund. 
 
 § 17. The school commissioner shall also, on or before 
 the second Monday of November, before each regular ses- 
 sion of the general assembly, or annually, if so required 
 by the state superintendent, communicate to said superin- 
 tendent all such information and statistics upon the subjects 
 of schools in the county as the said superintendent is bound 
 
 Bond of township 
 treasurer. 
 
 School commis- 
 sioner to appor- 
 tion state funds. 
 
 To report to su- 
 perintendent. 
 
1861. 
 
 8 
 
 To deliver over 
 money and pro- 
 perty to succes- 
 sors. 
 
 To loan funds. 
 
 To visit schools 
 in his county. 
 
 Controversies— 
 method of ad- 
 justment. 
 
 Duty, in case of 
 failure to make 
 returns. 
 
 to embody in his report to the governor, and such other 
 information as the state superintendent shall require. 
 
 § 18. The school commissioner, 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, pa- 
 pers and personal property, belonging to the office, or sub- 
 ject to the control or disposition of the school commissioner. 
 
 § 19. The school commissioner may loan any money, 
 not interest, belonging to the county fund, before the same 
 is called for according to law by the township treasurer, at 
 the same rate of interest, upon the same security and for 
 the same length of time as is provided by this act in relation 
 to the township treasurers ; and notes and mortgages taken 
 in the name of the “school commissioner” of the proper 
 county, shall be, and all loans heretofore made in the name 
 of “school commissioners,” are hereby, declared to be as 
 valid as if taken in the name of “trustees of schools” of the 
 proper township, and suits may be brought in the name of 
 “school commissioners” on all notes and mortgages hereto- 
 fore or hereafter made payable to school commissioners. 
 
 § 20. It shall be the duty of the school commissioner to 
 visit, as often as practicable, the several schools of his county, 
 and to note the common method of instruction and branches 
 taught, and give such directions in the art of teaching, and 
 the method thereof, in each school, as to him, together with 
 the directors, shall be deemed expedient and necessary, so 
 that each school shall be equal to the grade for which it was 
 established, and that there may be, as far as practicable, uni- 
 formity in the course of studies in the schools of the several 
 grades respectively, and shall carry out the advice and in- 
 structions of the state superintendent. All questions and 
 controversies arising under the school law, in the several 
 counties, shall first be submitted to the school commissioner, 
 for his opinion and advice ; whence appeal may be taken to 
 the state superintendent, upon a written statement of facts, 
 subscribed by the school commissioner and certified by rep- 
 resentatives of each party concerned : Provided , that nothing 
 in this act shall be construed to vest the school commis- 
 sioners or superintendent with judicial power. 
 
 § 21. In all cases where the township board of trustees 
 of any township shall fail to prepare and forward, or cause 
 to be prepared and forwarded, to the school commissioner, 
 the information and statistics required of them in this act, 
 it shall be the duty of said school commissioner to employ a 
 competent person to take the enumeration, and furnish said 
 statistical statement, as far as practicable, to the commis- 
 sioner ; 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 
 
9 
 
 1861. 
 
 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 school commissioner compensation, 
 shall allow, and pay, to the person so employed by him, for 
 the services, such amount as he may judge reasonable, out 
 of any money which is or may come into said commis- 
 sioner’s hands, apportioned as the share of or belonging to 
 such township ; and the said school commissioner shall pro- 
 ceed to recover and collect the amount so allowed or paid 
 for such services, in a civil action before any justice of the 
 peace in the county, or before any court having jurisdic- 
 tion, in the name of the people of the state of Illinois, of 
 and against the trustees of schools of said township, in 
 their individual capacity ; and in such suit or suits the said 
 school commissioner and township treasurer shall be com- 
 petent witnesses ; and the money so recovered, when col- 
 lected, shall be paid over to the school commissioner, for the 
 benefit of said township, to replace the money taken as 
 aforesaid. 
 
 § 22. When any real estate shall have been taken for ^ t y ate rese11 real 
 debts due to any school fund, the title to which real estate es a 
 has become vested in any school commissioner, or trustees 
 of schools, for the use of the inhabitants of two or more 
 townships, the school commissioner may resell such real 
 estate for the benefit of said townships, under the provisions 
 of this act regulating the sale of the common school lands; 
 
 * and the said commissioner is hereby authorized to execute 
 conveyances to purchasers; and said commissioner shall be 
 entitled to retain the same per centage on the amount of 
 such sale, out of the assets thereof, as he is entitled to for 
 selling the common school lands. 
 
 TOWNSHIPS — TRUSTEES OF SCHOOLS. 
 
 § 23. Each congressional township, as surveyed and laid T ^ e po lit i? ade 
 off by authority of the United States, is hereby established 
 a township for school purposes. The business of the town- 
 ship shall be done by three trustees, to be elected by the 
 legal voters of the township ; and the said township, upon 
 the election of trustees, as aforesaid, as hereinafter provided 
 for, shall be a body corporate and politic, by the name and 
 
 style of “trustees of schools of township , range ,” 
 
 according to the number. The said corporation shall have 
 perpetual existence, and shall have power to sue and be 
 sued, to plead and be impleaded, in all courts and places 
 where judicial proceedings are had. Said trustees shall 
 continue in office two years, and until others are elected and 
 enter upon the duties of their office. 
 
 § 24. No person shall be eligible to the office of trustee Eligibility of trus- 
 of schools, unless he shall be twenty-one years of age, and tees ' 
 a resident of the township. 
 
1861. 
 
 10 
 
 Election of trus- § 25. The election of trustees of schools shall be on the 
 tees * second Monday in October, biennially, but in townships 
 
 where such election has not been heretofore had, or where 
 there are no trustees of schools, the election of trustees of 
 schools may be holden on any Monday ; notice being given 
 as hereinafter in this section required. The first election 
 shall be ordered, if in townships already incorporated, by 
 the trustees of schools of the township, the township treas- 
 urer giving notice of tire time and place, by posting up no- 
 tices of the same at least ten days previous to the day of 
 election, at or in the school house, or in the most public 
 place in every school district in the township. If there are 
 no trustees of schools in a township, the clerk of the county 
 court shall cause the notice to be given as aforeaaid. For 
 all subsequent elections, the like notices shall be given by 
 the trustees of schools, through the township treasurer: 
 proviso. Provided , that if, upon any day appointed as aforesaid, for 
 
 election aforesaid, the said trustees of schools, or judges, 
 shall be of opinion that, on account of the small attendance 
 of voters, the public good requires it, or if the voters pro- 
 sent, or a majority of them, shall desire it, they shall post- 
 pone said election until the next Monday, and at the same 
 place and hour ; at which meeting the voters shall proceed 
 as if it were not a postponed or adjourned meeting : And , 
 Further proviso provided also , that if notice shall not have been given as 
 above required, then, and in that case, said election may be 
 ordered as aforesaid, and holden on the first Monday in 
 November, or any other Monday ; notice thereof being given 
 as aforesaid. 
 
 judges and clerks § 26. Two of the trustees of schools of incorporated 
 
 townships, if present, shall act as judges, and one as clerk 
 > of said election. If said trustees shall fail to attend, or re- 
 fuse to act when present, and in townships unincorporated, 
 the qualified voters present shall choose from amongst them- 
 selves, three judges and a clerk to open and conduct said 
 election. 
 
 Time, &c., of § 27. The time and manner of opening, conducting and 
 election. closing said election, and the several liabilities appertaining 
 to the judges and clerks, and to the voters separately and 
 collectively, and the manner of contesting said elections, 
 shall be the same as prescribed by the general election laws 
 of this state, defining the manner of electing magistrates 
 and constables, so far as applicable, subject to the provisions 
 of this act : Provided, the judges may close said election at 
 four o’clock p. m. 
 
 § 28. No person shall vote at said election unless he 
 possesses the qualification of a voter at a general election. 
 Tie. In case of a tie at such election it shall be determined by 
 
 lot, on the day of election, by the judges thereof, 
 vacancy. § 29. When a vacancy or vacancies shall occur in the 
 
 board of trustees of schools, the remaining trustee or trus- 
 
 
 ■i 
 
 >• 
 
11 
 
 1861 . 
 
 tees shall order an election to till such vacancy, upon any 
 Monday ; notice to be given as required in section twenty- 
 five hereof. 
 
 § 30. Upon the election of trustees of schools, the Poll book deliver- 
 judgeS of the election shall cause the poll book of said elec- skmer. cotmma ‘ 
 tion to be delivered to the school commissioner of the 
 county, with a certificate thereon showing the election of 
 said trustees, and names of the persons elected ; which poll 
 book, with the certificate, shall be filed by said commission- 
 er, and shall be evidence of such election. 
 
 § 31. The said trustees of schools, elected as aforesaid, P ^S2!SS? 8 
 shall be successors to the trustees of school lands, appointed 
 f by the county commissioners 5 court, and of trustees of 
 schools elected in townships under the provisions of “An 
 act making provisions for organizing and maintaining com- 
 mon schools, 55 approved February 26, 1841, and of “An act 
 to establish and maintain common schools, 55 approved March 
 1, 1847. All rights of property, and rights and causes of 
 action, existing or vested in the trustees of school lands, or 
 trustees of schools appointed or elected as aforesaid for the 
 use of the inhabitants of the township, or any part of them, 
 shall vest in the trustees of schools as successors, in as full 
 and complete a manner as was vested in the school commis- 
 sioner, [ the trustees of school lands, ] or the trustees of 
 schools appointed and elected as aforesaid. 
 
 § 32. It shall be the duty of the township board of trus- Meeting of trus- 
 K tees to hold regular semi-annual sessions on the first Mon- tees * 
 days of April and October in each year, and may meet at 
 such other times, and at such other places as they may 
 think proper ; and the president of the board, or any two 
 members thereof, may call a special meeting of the board ; 
 and at all meetings of the board, two of its members shall 
 constitute a quorum to transact any business. Said board 
 shall organize by appointing one of their number president, 
 and some person, who shall not be a director or member of 
 the board, township treasurer, who shall be ex officio clerk of cierk of board, 
 the board. The said president and township treasurer shall 
 hold their respective offices during the term for which that 
 board of trustees, by which they are appointed, shall have 
 been elected, and until their successors are appointed, and 
 until their newly appointed treasurer has given bond as re- 
 quired by this act ; either of said officers, however, for good 
 cause, may be removed by the board. It shall be the duty 
 of the president, when present, to preside at the meetings 
 of the board ; and it shall be the duty of the clerk to be 
 present at all meetings of the board, and to record in a book 
 to be provided for the purpose, all their official proceedings, 
 which shall be a public record, open to the inspection of any 
 person interested therein ; and all 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 
 
1861. 
 
 12 
 
 To prepare map, 
 &c. 
 
 School districts 
 may be formed 
 from two or more 
 townships. 
 
 Funds to he divi- 
 ded in propor- 
 tion to taxes col- 
 lected. 
 
 Trustees to distri 
 bute funds. 
 
 Pupils — how 
 t transferred. 
 
 Schedules — how 
 returned and 
 paid — to be ta- 
 ken as evidence 
 of credit. 
 
 of the duties of his office at any meeting of the board, a pre- 
 sident or clerk, pro tempore , may be appointed. 
 
 § 33. Trustees of schools shall lay off* the township into 
 districts to suit the wishes and convenience of a majority of 
 the inhabitants of their townships, and shall prepare, or 
 cause to be prepared, a map of their township, as often as 
 may be necessary, on w T hich shall be designated districts, to 
 
 be styled district No. , in township No. , which 
 
 they may alter or change at any regular session ; which 
 map shall be certified by the president and clerk of the 
 board, and filed with and recorded by the county clerk, in 
 a book to be kept for that purpose, to be paid for out of the 
 county treasury: Provided , that school districts may be 
 formed out of parts of two or more townships or fractional 
 townships ; in which case the trustees of the schools of the 
 townships interested shall act in conjunction in the forma- 
 tion of such district. When a new district is formed from 
 one or more districts, the trustees shall make division of 
 any tax funds which are, or may be, in the hands of any 
 officer, in proportion to the amount of taxes collected from 
 the property remaining in each district ; and it shall be the 
 duty of the officer to pay the same on the order of the 
 trustees. 
 
 34. At each meeting on the first Monday of April and 
 October, the trustees, having ascertained the amount of state, 
 county and township funds, on hand and ready for distribu- 
 tion, shall apportion the same as follows : First , two per 
 cent, to the township treasurer: Second , whatever may be 
 due for the books of the treasurer : Third , any reasonable 
 amount for di viding school lands, making plats, &c.: Fourth , 
 of the balance, one half shall be divided among the districts, 
 in proportion to the number of children, under twenty-one, in 
 each, and the other half in proportion to the attendance cer- 
 tified in the schedules. Thereupon, the township treasurer 
 shall pay out the money to the several persons to whom it 
 shall be distributed, and hold the balance, if any, apportioned 
 on the schedules, subject to the order of the directors of the 
 proper district. They shall also ascertain the amount of 
 district tax money in the hands of the treasurer, and direct 
 him to pay over the same on the order of the directors of 
 the district to which it belongs. 
 
 § 35. Pupils may be transferred from one district to anoth- 
 er, either in the same or in different townships, only upon the 
 written consent of the directors of both districts. The school 
 thus formed shall be under the control of the directors of 
 the district in which it is kept. A separate schedule shall 
 be kept for each district, upon the return of which to the 
 trustees of the proper township, they shall instruct their 
 treasurer to pay the amount certified in said schedule to be 
 due, to the teacher entitled thereto; and such separate sched- 
 ule, duly certified, shall be taken by the several boards of 
 
13 
 
 1861. 
 
 trustees and their treasurers, as evidence of the consent of 
 directors, unless objection be made, in writing, by two di- 
 rectors of one of the districts concerned. The aforesaid 
 written permits shall be returned to and filed by the teacher 
 of said school, and shall be evidence of said permission. 
 
 But a majority of the directors of the several districts may 
 unite the whole, or a part of each, into one, and place the 
 school under the control of the [three] persons whom they 
 may appoint, and who shall be styled “Directors of Union 
 
 School, in District No. , in Township No. ,” who 
 
 shall be a body politic and corporate, with full power to levy 
 taxes in the territory composing the Union District, and 
 with all other powers conferred by this act upon directors. 
 
 § 36. The board of trustees of each township in this ^nty commis- 
 state shall prepare, or cause to be prepared by the township loners, 
 treasurer, the clerk of the board or other person, and for- 
 warded to the school commissioners of the county in which 
 the township lies, on or before the second Monday of Octo- 
 ber, preceding each regular session of the general assembly 
 of this state, and at such other times as may be required by 
 the school commissioner, or by the state superintendent of 
 public instruction, a statement, exhibiting the condition of 
 schools in their respective townships for the preceding bien- 
 nial period, giving separately each year, commencing on the 
 first Mondays of October and ending on the last of Septem- 
 ber ; which statement shall be as follows : 1st. The whole No - of schools. 
 
 ^ number of schools which have been taught in each year ; 
 what part of said number have been taught by males exclu- 
 sively ; 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. 2d. The whole number of No * of 8cholars * 
 scholars in attendance at all the schools, giving the number 
 of males and females separately. 3d. The number of male no. of teachers, 
 and female teachers, giving each separately; the highest, 
 lowest and average monthly compensation paid to male and 
 female teachers, giving each item separately. 4th. The no. of persons, 
 number of persons under twenty-one years of age. 5th. 
 
 The amount of the principal of the township fund; the Amount of funds, 
 amount of the interest on the township fund paid into the 
 township treasury ; the amount of state or common school 
 fund received by the township treasurer ; 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. 6th. Amount paid Paid out. 
 for teachers’ wages ; the amount paid for school house lots ; 
 the amount paid for building, repairing, purchasing, renting 
 and furnishing school houses; the amount paid for school 
 apparatus, for books and other incidental expenses for the 
 use of school libraries; the amount paid as compensation to 
 township officers and others. 7th. The whole amount of 
 
1861. 
 
 14 
 
 Other information 
 as required by 
 the superinten- 
 dent. 
 
 Separate enumer- 
 ation to be made. 
 
 Books and vouch- 
 ers to be exam- 
 ined. 
 
 Donations. 
 
 The control of 
 school houses 
 vested in the 
 board of direc- 
 tors. 
 
 the receipts and expenditures for school purposes, together 
 with such other statistics and information in regard to 
 schools as the state superintendent or school commissioner 
 may require. 
 
 § 37. In all cases where a township is or shall be divided 
 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 white persons of the ages as directed in 
 the foregoing section of this act, designating separately the 
 number residing in each of the counties in which such town- 
 ship may lie, and forward each respective number to the 
 proper school commissioner of each of said counties; and in 
 like manner, as far as practicable, all other statistics and 
 information enumerated and required to be reported in the 
 aforesaid section, shall be separately reported to the several 
 school commissioners ; and all such parts of said statistica 
 information as are not susceptible of division, and are im- 
 practicable to be reported separately, shall be reported to 
 the school commissioner of the county in which the sixteenth 
 section of such township is situated. 
 
 § 38. At each semi-annual meeting, and at such other 
 meetings as they may think proper, the said township board 
 shall examine all books, notes, mortgages, securities, papers, 
 moneys and effects of the corporation, and the 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 x 
 their proper management, as may seem to said board 
 necessary. 
 
 § 39. The board of trustees of each township in the state 
 may receive any gift, grant, donation or demise made for 
 the use of any school or schools, or library, or other school 
 purposes within their jurisdiction ; and they shall be, and 
 are hereby invested, in their corporate capacity, with the 
 title, care and custody of all school houses and school house 
 sites; but the supervision and control of them is expressly 
 vested in the directors of each district in which said property 
 is situated ; and when, in the opinion of the school directors, 
 the school house site has become unnecessary; or unsuitable, 
 or inconvenient for a school, said board shall sell and con- 
 vey 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 pro- 
 perty and terms of sale, and such conveyance shall be exe- 
 cuted 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. When any two or more districts shall be consolida- 
 ted into one, the new district shall own all the corporate 
 
15 
 
 1861. 
 
 property of the several districts; and when a district shall 
 be divided, or a portion set off to another district, the funds, 
 property or the income and the proceeds thereof belonging 
 to such district shall be distributed or adjusted among the 
 several parts by the trustees of the town or towns to which 
 such district belongs, and in a just and equitable manner. 
 
 § 40. The township board shall cause all moneys for the ^ townsWpti-e^ 
 use of the township to be paid over to the township treas- surer, 
 urer. They shall have power, also, to remove the township 
 treasurer at any time, for any failure or refusal to execute or 
 comply with any order or requisition of said board, legally 
 made, or any other improper conduct in the discharge of 
 his duty as treasurer, or at any time they may deem such 
 t removal expedient. They shall also have power, for any 
 failure or refusal as aforesaid, to sue him upon his bond. 
 
 § 41. The township trustees are hereby vested with gen- Trustees to pur- 
 eral power and authority to purchase real estate, if in their chaserealestate * 
 opinion the interests of the township fund will be promoted 
 thereby, in satisfaction of any judgment or decree wherein 
 the said board or school commissioner are plaintiffs or com- 
 plainants; and the title of such real estate so purchased 
 shall vest in said board, for the use of the inhabitants of 
 said township, for school purposes; and all purchases of 
 land heretofore made by school commissioners, or trustees of 
 school lands, or trustees of schools, for the use of any fund 
 or township for the use of schools, are hereby declared valid. 
 
 ^ The said board are hereby vested with general power and 
 authority to make all settlements with persons indebted to 
 them in their official capacity ; or receive deeds of real estate 
 in compromise ; and to cancel in such manner as they may 
 think proper, notes, bonds, mortgages, judgments and de- 
 crees, 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; and their 
 action shall be valid. Said board of trustees are hereby 
 authorized to sell or lease, 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 Proviso 
 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 
 r act for the sale of the sixteenth section. 
 
 SCHOOL DIRECTORS — THEIR ELECTION AND DUTIES. 
 
 § 42. The annual election of school directors shall be Election of direc- 
 on the first Monday of August, when one director shall be torb ' 
 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 Monday, notice being given n0 ice 
 by the township treasurer, as for the election of trustees, 
 
1816. 
 
 16 
 
 when three directors shall be elected, who shall, at their 
 Lots to be drawn. n rs t meeting, draw lots for their respective terms of office, 
 Vacancies to be for one, two, and three years. When vacancies occur, the 
 fined. remaining director or directors shall, without delay, order 
 
 Notice to be given an election to fill such vacancies. Notices of all elections 
 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 
 judges and clerk the question or questions to be voted on. Two of the direc- 
 tors shall act as judges and one as clerk of said election. 
 But, if said directors shall fail to attend, or refuse to act, 
 when present, and in unorganized districts, the legal voters 
 when assembled shall choose three of their number to act 
 Election may be as judges, an d 011 e as c l er k of said election: Provided , that 
 postponed. if upon the day appointed for said election, the said direc- 
 tors or judges shall be of opinion, that, on account of the 
 small attendance of voters, the public good requires it, or if 
 the voters present, or a majority of them, shall desire it, 
 they shall postpone said election until the next Monday, at 
 the same place and hour, when the voters shall proceed as 
 if it were not an adjourned meeting : And , provided , also, 
 that if notice shall not have been given, as above required, 
 then said election may be ordered as aforesaid, and holden 
 on the third Monday in August, or any other Monday, no- 
 Tie-how decided tice thereof being given as aforesaid. In case of a tie the 
 judges shall decide it, by lot, on the day of election. The 
 C ~wsduUes e . ct ° rs directors shall appoint one 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 re- 
 Recordtobekept quire. Directors are authorized to use any funds belonging 
 m suitable book. £ 0 <Ti s trict, and not otherwise appropriated, fur the pur- 
 chase of a suitable book for their records, and the said re- 
 cords shall be kept in a punctual, orderly and reliable man- 
 who mayvoteto ner. No person shall be entitled to vote at any district 
 raise money, election, on the question of raising money, unless he shall 
 have resided in the district at least thirty days immediately 
 preceding said election, nor unless he shall have paid a tax 
 in said district the preceding year, or shall have been as- 
 sessed in such district for the year in which such election is 
 Poii book and held. After every election of directors, the judges shall 
 returned? to be cause the poll book to be delivered to the township treasurer, 
 with a certificate thereon showing the election of said direc- 
 tors and names of the persons elected; which poll book shall 
 be filed by the township treasurer, and shall be evidence of 
 Must be a resident said election. If any trustee or director shall not be an in- 
 habitant of the district or township which he represents, an 
 
17 
 
 1861. 
 
 election sliall be ordered to fill the vacancy, and no person 
 shall be at the same time a director and trustee, nor shall a 
 director or trustee be interested in any contract made by 
 the board of which he is a member. 
 
 § 43. For the purpose of establishing and supporting 
 free schools for six months, and defraying all the expenses 
 of the same, of every description ; for the purpose of repair- 
 ing and improving school houses ; of procuring furniture, 
 fuel, libraries and apparatus ; and for all other necessary 
 incidental expenses, the directors of each district shall be 
 authorized to levy a tax, annually, upon all the taxable pro- 
 perty of the ’district. They may also appropriate to the pur- 
 chase of libraries and apparatus, any surplus funds, after 
 [all] necessary school expenses are paid. 
 
 § 44. At any meeting prior to the second Monday of 
 September, annually, the directors of each district shall as- 
 certain how much money must be raised by special district 
 tax for school purposes during the ensuing year. They shall 
 then find what rate per cent, this amount will require to be 
 levied ; which rate, together with a list of the resident tax 
 payers, shall be certified and returned to the clerk of the 
 county court, on or before the second Monday of September. 
 The certificate may be in the following form: 
 
 “We hereby certify, that we require the rate of to be levied, for 
 
 school purposes, on all the taxable property of our district, for the year 18 — . 
 
 Given under our hands this day of , 18 — . 
 
 A. B. ) Directors district No. , township 
 
 0. D. v No. , range No. , county 
 
 E. F. ) of , and state of Illinois.” 
 
 The money thus raised shall be appropriated by the 
 directors to the various objects for which it was intended. 
 
 § 45. According to the rate or rates certified as afore- 
 said, the said county clerk, when making out the tax books 
 for the collector, should compute each taxable person’s tax 
 in said district, taking as a basis the total amount of taxable 
 property returned by the county assessor for that year, lying 
 and being in said district, whether belonging to residents or 
 nonresidents, 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 
 r person’s tax so computed to be set upon the tax book, to be 
 delivered to the collector for that year, in a separate column, 
 against each tax payer’s name, or parcel of taxable property, 
 as it appears in said collector’s book, to be collected in the 
 same manner, and at the same time, and by the same per- 
 sons, as state and county taxes are collected : Provided , the 
 assessments so made in the years intervening between the 
 regular biennial assessments of real estate as provided in 
 the revenue acts, shall be based upon the tax payer’s real 
 estate as assessed at the regular biennial assessment. The 
 
 —2 
 
 Directors may- 
 levy taxes for 
 certain purposes 
 
 Directors to make 
 estimate of funds 
 required. 
 
 Certificate. 
 
 Duty of county 
 clerk. 
 
 Provis#, 
 
1861. 
 
 18 
 
 Districts compo- 
 sed of two or 
 more townships. 
 
 Penalty. 
 
 Proviso. 
 
 Certificate to be 
 made to county 
 clerk. 
 
 computations of each person’s tax, and the levy made by 
 the clerk, as aforesaid, shall be final and conclusive : Pro- 
 vided, further , the rate shall be uniform, and shall not 
 exceed the rate certified by the board of directors ; and the 
 said county clerk, before delivering the tax book to the col- 
 lector, shall make out and deliver, on demand, to each town- 
 ship treasurer, of the respective townships in the county, a 
 certificate of the amount due each district in his township, 
 of said 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 treas- 
 urer shall present the said certificate of the amount of said 
 tax, and make a demand therefor, the said collector shall 
 pay to said township treasurer the full amount of said tax, 
 so certified by the county clerk, retaining from said amount 
 only two per centum, as his fees for collection, taking of 
 the township treasurer his receipt therefor, which receipt 
 shall be evidence, as well in favor of the collector as against 
 the township treasurer ; and said treasurer shall enter the 
 same in his books, under the proper heads, and pay the 
 same out as provided for by this act. When a district is 
 composed of parts of two or more townships, the directors 
 shall determine and inform the collector in writing, under 
 their hands as directors, which of the treasurers of the 
 townships from which their district is formed shall demand 
 and receive the tax money collected by the county collector 
 as aforesaid. 
 
 § 46. If any collector shall fail to pay the amount of 
 said tax, or any part thereof, as required in the aforesaid 
 section, it shall be competent for the township treasurer, or 
 other authorized person, to proceed against such collector 
 and his securities in an action of debt in the county court; 
 which court is hereby vested with full power and authority 
 to hear and determine all such suits, render judgments and 
 issue execution ; or said suit may be brought in any other 
 court having jurisdiction; and the said collector, so in 
 default, shall pay twelve per centum upon the amount due, 
 to be assessed as damages, which shall be included in the 
 judgment rendered against him : Provided , no collector 
 shall be liable for such part of said tax as he shall be able 
 to make appear he could not have collected by law, until he 
 may be able to so collect such amount. 
 
 § 47. When a district lies in two or more counties, the 
 directors shall return to the clerk of the county court of each 
 county the names of the resident tax payers in each. The 
 clerk of each county shall then furnish the directors the 
 amount of the taxable property ot the district, lying in his 
 county, as returned by the assessor of the previous year. 
 The directors shall then determine and certify the rates to 
 be levied, and return the certificates to the clerk of each 
 
19 
 
 1861 . 
 
 county. For the purpose of building school Ijouses or pur- 
 chasing school sites, or for repairing and improving the 
 same, the directors, by a vote of the people, may borrow 
 money, issuing bonds executed by the officers or at least 
 two members of the board, in sums of not less than one 
 hundred dollars. But the rate of interest shall not exceed 
 ten per cent., nor shall the sum borrowed in any one year 
 exceed three per cent, of the taxable property of the dis- 
 trict. Nor shall the tax levied in any one year for building 
 a school house exceed two per cent, of said taxable property. 
 
 § 18. The directors of each district are hereby declared a 
 body politic and corporate, by the name of “ School directors 
 
 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 directors shall be a 
 quorum for business. The directors shall be liable, as direc- 
 tors, for the balance due teachers, and for all debts legally 
 contracted. They shall establish and keep in operation, 
 for at least six months in each year, a sufficient number of 
 free schools for all the children in the district, over the age 
 of five and under twenty-one years. They may adopt all 
 necessary rules and regulations for the management of the 
 schools, and shall visit and inspect the same as often as 
 practicable. They shall appoint all teachers, fix the amount 
 of their salaries, and may dismiss them for incompetency, 
 cruelty, negligence or immorality. They may direct what 
 ^ branches shall be taught, and may suspend or expel pupils 
 found guilty, on full examination, of refractory or incorrigi- 
 bly bad conduct. No school site shall be purchased, nor 
 shall a school house be erected, located, purchased or 
 changed, nor shall a tax be levied to extend schools beyond 
 six months, without the consent of a majority of the votes 
 cast at an election, the notice of which shall state the ques- 
 tions to be decided, and shall be given as required in the 
 forty-second section of this act. 
 
 OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES 
 OR SCHOOL DIRECTORS. 
 
 f § 49. If judgment shall be obtained against any town- 
 ship board of trustees or school directors, the part y entitled 
 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 from a 
 justice of the peace or other court, to issue thence a writ, 
 commanding the directors, trustees and treasurer of such 
 township to cause the amount thereof, with interest and costs, 
 to be paid to the party entitled to the benefit of said judg- 
 ment, out of any moneys, unappropriated, of said townships ; 
 or if there be no such moneys, out of the first moneys ap- 
 
 Directors may 
 borrow money. 
 
 Directors made 
 body corporate. 
 
 Directors liable 
 for balance due 
 teachers, etc. 
 
 Powers of direc- 
 tors. 
 
 When vote must 
 be taken. 
 
 Judgment and ex- 
 ecution against 
 trustees and di- 
 rectors. 
 
1861. 
 
 20 
 
 plicable to the payment of the kind of services or indebted- 
 ness for which such judgment shall be obtained, which shall 
 be received for the use of such township ; and to enforce 
 obedience to such writ by attachment, or by Aandamus, re- 
 quiring 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 presi- 
 dent or clerk of the board. 
 
 EXAMINATION AND QUALIFICATION OF TEACHEES. 
 
 Examination of 
 teachers. 
 
 Grades of certifi- 
 cates. 
 
 Renewal. 
 
 Revocation. 
 
 § 50. The school commissioner shall, either in person or 
 by one or more competent examiners whom he shall ap- 
 point, examine any person proposing to teach a common 
 school in the county, in orthography, reading in English, 
 penmanship, arithmetic, English grammar, modern geogra- 
 phy, and the history of the United States, and if he or they 
 shall be satisfied that such person is of good moral charac- 
 ter, and qualified to teach all of the aforesaid branches, he 
 or they shall give such person a certificate, the geade of 
 which shall be determined by the relative merit of the ex- 
 amination sustained. School commissioners shall be autho- 
 rized, by this act, to issue theee geades of teachers’ certi- 
 ficates, viz : Fiest Geade — valid in the county for two 
 years: Second Geade — valid in the county for one year: 
 Thied Geade — valid in a given district only, for six months. 
 The commissioner may renew such certificate, at its expira- 
 tion, by indorsement thereon, and he may revoke the same 
 for gross immorality, incompetency or other adequate cause. 
 Said certificate may be in the following form : 
 
 Illinois, 18 — . 
 
 County. 
 
 The undersigned, having examined in orthography, reading in 
 
 F c°ate ° f certifi * English, penmanship, arithmetic, English grammar, modern geography, and 
 
 the history of the United States, and being satisfied that is of good moral 
 
 character, hereby certify that qualifications in all the above branches are 
 
 such as to entitle to this certificate, being of the Grade, and valid 
 
 in for from the date hereof — renewable at the option of the 
 
 school commissioner, by his indorsement thereon. 
 
 Given under hand , at the date aforesaid. 
 
 A. B., School Commissioner. 
 
 Examiners. 
 
 Each school commissioner shall also keep a careful record, 
 L ^aiT 1S keep r V in a book provided for the purpose, of all the candidates to 
 naUons! exami ’ whom lie issues certificates, noting the date of examination, 
 the name, sex and age of each candidate, and the grade of 
 the certificate granted — a transcript of which record shall 
 be included in the annual report to the superintendent. The 
 state certificates state superintendent of public instruction shall also be and 
 s° U p b t e o; U pubUc he is hereby authorized to grant and issue state certificates 
 instruction. 0 f eminent qualifications as teachers, to such persons as may 
 
 
21 
 
 1861 . 
 
 be found worthy to receive the same, upon due examination, 
 by himself or others whom he shall appoint for that pur- 
 pose, and who shall exhibit satisfactory evidence of practical 
 experience and success in teaching. Said state certificates 
 shall supersede the necessity of any and all other examina- 
 tions, and shall be of perpetual validity in every county 
 and school district in the state ; and the fee for each of 
 such certificates shall be five dollars. But a state certifi- 
 cate may be canceled by the state superintendent, upon 
 proof of immoral or unprofessional conduct : Provided , 
 that each and every school or schools, of whatever grade, 
 established or authorized to be established under the pro- 
 visions of this act, shall be a school or schools for the 
 purpose of teaching various branches of an English educa- 
 tion; and no part of the common school fund, township 
 fund, or of any other school fund, shall be paid out or ap- 
 propriated for the establishing, conducting, or the support- 
 ing in any manner of any other character or class of school 
 or schools, as aforesaid designated: Provided , that nothing 
 herein contained shall prevent the teaching a foreign 
 language in a common school, as aforesaid. 
 
 § 51. It shall be the duty of the school commissioner to 
 fix upon the time of holding meetings for the examination 
 of teachers, in such places in their respective counties, as 
 will, in their opinion, best accommodate the greatest number 
 of candidates for examination ; notice of all such meetings 
 having been published in some newspaper of general circu- 
 lation ; and all teachers who do not attend at the appointed 
 time for said examination, shall pay to the school commis- 
 sioner one dollar for their certificate. 
 
 TEACHERS — THEIR DUTIES. 
 
 § 52. No teacher shall be entitled to any portion of the 
 common school or township fund, or other public fund, or 
 be employed to teach any school under the control of any 
 board of directors of any school district in this state, who 
 shall not, before his employment, exhibit to said board, or 
 to a committee of said board, a certificate of qualification 
 obtained under the provisions of this act; nor shall any 
 teacher be paid any portion of the school or public fund 
 aforesaid, unless he shall have kept and furnished schedules 
 as herein directed. 
 
 § 53. Teachers shall make schedules of the names of all 
 scholars under twenty-one years of age, attending their 
 schools, in the form prescribed by this act; and when 
 scholars reside in two or more districts, townships or coun- 
 ties, separate schedules shall be kept for each district, town- 
 ship or county, and the absence or presence of every scholar 
 shall be set down under the proper date, and opposite the 
 
 Validity of. . 
 
 Fee. 
 
 May be canceled . 
 Proviso. 
 
 Meetings for ex 
 amination of 
 teachers. 
 
 Publication of no- 
 tice. 
 
 Certificate must 
 be exhibited. 
 
 Schedule. 
 
1861 . 
 
 22 
 
 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 teach- 
 er shall be, as near as circumstances will permit, in the fol- 
 lowing form, viz : 
 
 Form of schedule, g CJIEI) ULE of a common school kept by A B, at , in district number , 
 
 in township number , range number , of the principal meridian , 
 
 in the county of , in the State of Illinois. 
 
 
 Males. 
 
 Females. 
 
 Total. 
 
 Number of scholars 
 
 2 
 
 2 
 
 4 
 
 Average daily attendance 3.2 
 
 And the 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 num- 
 ber of days’ attendance. He shall also note the whole num- 
 ber of scholars, giving the males and females separately ; 
 the average daily attendance ; and shall set the age of each 
 pupil opposite the name of said pupil, as in the form above 
 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 ; and that it was a school for the purpose of 
 teaching various branches of an English education. 
 
 A B, Teacher. 
 
 Schedule to be When the teacher shall have completed his or her sched- 
 deiivered to di- 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, and if they shall find such 
 schedule to have been kept according to law, they shall 
 
 A 
 
 V 
 
23 
 
 1861. 
 
 certify to tlie same, as near as practicable, in tlie following 
 form, viz : 
 
 State of Illinois, ) 
 
 County , \ ss ’ 
 
 We, the undersigned, directors of , in township number , Form of 
 
 range number , in the county aforesaid, certify that we have examined cate. 
 
 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 character, and of qualifica- 
 tion to teach a common school (or of such a grade as the case may be.) 
 
 Witness our hands, this day of — , A. D. 185 — . 
 
 q' p"’! Directors. 
 
 Which schedule or schedules, certified as aforesaid by at s ^ 1 ^ ule8 to ** 
 least two directors, shall be filed by said directors with the 
 township treasurer ; and until such schedule and report, as 
 aforesaid, shall have been filed as aforesaid, it shall not be 
 lawful for said treasurer to pay said teacher, or any two 
 members thereof to draw an order in favor of said teacher. 
 
 § 54. School directors shall certify no schedule that Sectors limited 
 reaches back to a time more than six months from the time schedule, 
 fixed by law for the regular return and presentation of 
 schedules to the school directors. Schedules made and cer- 
 tified, as aforesaid, shall, at least two days before the first 
 Monday in April and October, be delivered by the directors 
 to the township treasurer. 
 
 I ^ 
 
 TOWNSHIP TREASURER HIS DUTIES. 
 
 § 55. The township treasurer appointed by the board of Treasurer to give 
 trustees, shall, before entering upon his duties, execute a 
 bond, with two or more free holders, who shall not be mem- 
 bers 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 
 
 treasurer, in township , range , in 
 
 county, according to law. The security shall be approved 
 by at least a majority of the board, and shall be delivered 
 by one of the trustees to the school commissioner of the 
 proper county. And in all cases where such treasurer afore- 
 said is to have the custody of all bonds, mortgages, moneys 
 and effects denominated principal, and belonging to the 
 township for which he is appointed treasurer, the penalty 
 of said treasurer’s bond shall be twice the amount of said 
 bonds, notes, mortgages, moneys and effects. And every 
 township treasurer appointed subsequent to the first, as here- 
 in provided, shall execute bond, with security, as is required 
 of the first treasurer. The bond required in this section 
 shall be in the following form, viz : 
 
1861. 
 
 24 
 
 Form of bond. 
 
 To provide books 
 and keep account 
 of money receiv- 
 ed. 
 
 State of Illinois, ) 
 
 County ss * 
 
 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 our- 
 
 selves, our heirs, executors and administrators, firmly by these presents. In 
 
 witness whereof, we have hereunto set our hands and seals this day of 
 
 , A. D. 18—. 
 
 The condition of the above obligation is such, that if the above bounden 
 
 A B, township treasurer of township , range , in the county 
 
 aforesaid, shall faithfully discharge all the duties of said office, according to 
 the laws which now are or may hereafter be in force, and shall deliver to his 
 successor in office all moneys, books, papers, securities and property in his 
 hands as such township treasurer, then this obligation to be void, otherwise to 
 remain in full force and virtue. 
 
 Approved and accepted by 
 
 § 56. Every township treasurer shall provide himself 
 with two w r ell bound books, the one to be called a cash book, 
 the other a loan book. He shall charge himself in the cash 
 book with all moneys received, stating the charge, when, 
 from whom and on what account received ; and credit him- 
 self with all moneys paid or loaned, the amount loaned, the 
 date of the loan, the rate of interest, the time when payable, 
 the name of the securities, or, if real estate be taken, a des- 
 cription of the same. He shall also enter, in separate ac- 
 counts, moneys received and moneys paid out, charging the 
 first to debit account, and crediting the latter as follows, to 
 wit : 1st. The principal of the township fund, when paid 
 in and when paid out. 2d. The interest of the township 
 fund, when received and when paid out. 3d. The common 
 school fund, and other funds, w T hen received from the school 
 commissioner, and when paid out. 4th. The taxes receiv- 
 ed from the county collector, distinguishing between that 
 for general school purposes and that levied for the purpose 
 of prolonging schools. 5th. Donations received. 6th. 
 Moneys coming from all other sources ; and in all cases en- 
 tering the date when received and when paid out ; and he 
 shall also arrange and keep his books and accounts in such 
 other manner as may be directed by the state or county 
 superintendent, or the board of trustees. He shall also pro- 
 vide 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-laws and resolutions ; which book shall be 
 at all times subject to the inspection of said board, or other 
 persons authorized by this act, or of any committee ap- 
 pointed by the inhabitants of the township to examine the 
 same. And he shall also provide a book, to be called a 
 record, in which he shall enter a brief description of all 
 notes or bonds belonging to the township, and upon the op- 
 posite page he shall note down when paid, or any remarks 
 
 A. B. 
 C. D. 
 E. F. 
 
 SEAL. 
 
 SEAL. 
 
 SEAL. 
 
 G. H., 
 
 I. J., > Trustees. 
 K. L., 
 
to show where or in what condition it is, as in the following 
 form, viz: 
 
 Makers’ 
 
 names. 
 
 Bate of note, 
 
 When due. 
 
 Amount. 
 
 Remarks. 
 
 AB, CD, 
 
 E F. 
 
 January 1st, 
 185- 
 
 January 1st, 
 185- 
 
 $90 00 . 
 
 January 6, 185-, hand- 
 ed to I J, esq., for collec- 
 tion^!’ Jan. 6. 185-, paid) 
 
 § 57. The township treasurers shall loan, upon the fol- To loan funds, 
 lowing conditions, all moneys which shall come to their 
 hands by virtue of their office, except such as may be sub- 
 ject to distribution. The rate of interest shall be ten per 
 centum per annum, payable half yearly in advance. The 
 time for which loans shall be made shall not be less than six 
 months nor more than five years. For all sums not exceed- 
 ing one hundred dollars, loaned for not more than one year, 
 two responsible securities shall be given ; for all sums over 
 one hundred dollars and for all loans for more than one 
 year, security shall be given by mortgage on real estate, un- 
 incumbered, in value double the amount loaned, with a con- 
 dition that in case additional security shall at any time be 
 required, the same shall be given to the satisfaction of the 
 board of trustees for the time being. Notes, bonds, mort- 
 gages and other securities taken for money or other pro- 
 perty, due or to become due to the board of trustees for the 
 township, shall be payable to the said board by their corpor- 
 ate name; and in such name suits, actions and complaints, 
 and every description of legal proceedings, may be had for 
 the recovery of money, the breach of contracts, and for 
 every legal liability which may at any time arise or exist, 
 or upon which a right of action shall accrue to the use of 
 this corporation : Provided , however , that notes, bonds, Proviso, 
 mortgages and other securities in which the name of the 
 school commissioner, or of the trustees of schools, are insert- 
 ed, shall be valid to all intents and purposes ; and suit shall 
 be brought in the name of the board of trustees as aforesaid. 
 
 The wife of the mortgager (if he has one) shall join in the 
 mortgage given to secure the payment of money loaned by 
 virtue of the provisions of this act. 
 
 § 58. Mortgages to secure the payment of money loan- 
 ed under the provisions of this act may be in the following 
 form, viz : . 
 
 I, A. B., of the county of , and state of , do hereby grant, con- Form of mortgage 
 
 vey 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 pre- 
 mises.) 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. 
 
1861. 
 
 26 
 
 Mortgage to be re- 
 corded. 
 
 Additional securi- 
 ty. 
 
 Default in pay- 
 ment of interest. 
 
 And I do hereby covenant to pay the said sum of money in years from 
 
 the date hereof, and to pay interest on the same at the rate aforesaid half- 
 yearly in advance. I further covenant that I have a good and valid title to 
 said estate, and that the same is free from all incumbrance; and that I will 
 pay all taxes and assessments which may be levied on said estate ; and that I 
 will give any additional security that may at any time be required 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 pre- 
 mises ; and in consideration of the premises, C, wife of said A. B., doth here- 
 by release to the said board all her right and title of dower, in the afore-grant- 
 ed premises, for the purposes aforesaid. 
 
 In testimony whereof we have hereunto set our hands and seals this 
 
 day of , 18 — . 
 
 A. B., [seal.1 
 
 C. D., [seal.] 
 
 Which mortgage shall be acknowledged and recorded, 
 as is required by law for other conveyances of real estate, 
 the mortgager paying the expenses of acknowledgement 
 and recording, and fifty cents as a fee to the township trea r • 
 surer. 
 
 § 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- 
 quire additional security for the payment of money loaned, 
 and such security shall not be given, the township treasurer 
 shall cause suit to be instituted for the recovery of the same, 
 and all interest thereon, to the date of judgment: Provided , 
 that proof be made of the said requisition. In the payment 
 of debts by executors and administrators, those due the 
 common school or township fund shall have a preference 
 over all other debts, except funeral and other expenses at- 
 tending the last sickness, not including the physician’s bill. 
 And it shall be the duty of the township treasurer to attend 
 at the office of the probate justice upon the proper day, as 
 other creditors, and have any debts due as aforesaid proba- 
 ted and classed, to be paid as aforesaid. 
 
 § 61. If default be made upon the payment of interest 
 due upon money loaned by any school commissioner or 
 township treasurer, or in the payment of the principal, in- 
 terest at the rate of twelve per cent, per annum shall be 
 charged upon the principal and interest from the day of de- 
 fault, which shall be included in the assessment of damages, 
 or in the judgment in suit or action brought upon the obli- 
 gation to enforce payment thereof; and interest as afore- 
 said may be recovered in action brought to recover interest 
 only. And the said township treasurers are hereby einpow- 
 
 Bring suit. 
 
27 
 
 1861. 
 
 ered to bring appropriate actions, in the name of the board 
 of trustees, for the recovery of the half-yearly interest, when 
 due and unpaid, without suing for the principal, in what- 
 ever form secured, and justices of the peace shall have 
 jurisdiction in such cases of all sums under one hundred 
 dollars. 
 
 § 62. All suits brought, or actions instituted under the aii suits and ac - 
 pro visions of this act, may be brought in the name of the thTname^nhe 
 
 “ Board of Trustees of township , range ,” except board * 
 
 as is provided for action qui tarn in this act, or in favor of 
 school commissioners. The township treasurer shall de- 
 mand, receive and safely keep, according to law, all mo- 
 neys, books and papers of every description belonging to 
 his township. He shall keep the township fund loaned at 
 interest ; and if on the first Monday of October in any year 
 there shall be any interest or other funds on hand which 
 shall not be required for distribution, such amount not 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 statement to be 
 every year, the township treasurer shall lay before the board STd ' october. pnl 
 of* trustees a statement, showing the amount of interest, 
 rents, issues and profits that have accrued or become due 
 since their last regular half-yearly meeting on the township 
 lands and township funds, and also the amount of state and 
 i 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 
 duties of his office. 
 
 § 64:. For any failure or refusal to perform all the duties Penalty, 
 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 trea- 
 surer, 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 as aforesaid, and not the treasurer, shall 
 be liable, jointly and severally, to the inhabitants of the 
 township, to be recovered by action of assumpsit , in the 
 official name of the school commissioner, for the use of the 
 proper township. 
 
 § 65. When a township treasurer shall resign, or be re- Bonds mortgages 
 moved, and at the expiration ot his term ol ottice, lie snail ered to succe*- 
 pay over to his successor in office all money on hand, and sorB * 
 
1861. 
 
 28 
 
 School fund to be 
 added to princi- 
 pal in certain ca- 
 ses. 
 
 School funds to be 
 paid out on or- 
 der of directors. 
 
 deliver over all book, notes, bonds, mortgages, and all other 
 securities for money, and all papers and documents of every 
 description, in which the corporation may have any interest 
 whatever; and in case of the death of the township treas- 
 urer, 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 which judgment may be obtained ; and the obtaining 
 or payment of said judgment shall in no wise discharge or 
 diminish the obligation of his official bond. 
 
 TOWNSHIP AND COUNTY SCHOOL FUNDS. 
 
 § 66. All bonds, notes, mortgages, and other evidences 
 of indebtedness, moneys and effects, in the hands of any 
 school commissioner, trustee of schools, township treasurer, 
 or other officer, or person, and belonging to any county or 
 township, and which have heretofore accrued, or may here- 
 after accrue from the sale of the sixteenth section, or of the 
 common school lands of any township or county, or for the 
 sale of any real estate or other property taken for any debt, 
 or on any judgment, due to the principal of any county or 
 township fund, and all surplus interest and other funds 
 which have been or shall hereafter be carried to and made 
 part of the principal of any township or county funds, by 
 any law which has heretofore been or may hereafter be 
 enacted, in the hand of any county, township or other offi- 
 cer or person, and belonging to any county or township, 
 and all sums arising from the loaning or reloaning of the 
 principal of any township or county fund, are hereby de- 
 clared to be and shall forever hereafter constitute the prin- 
 cipal of the township or county fund, to whichever it may 
 respectively belong, and no part thereof shall ever be dis- 
 tributed or expended for any purpose whatever, except the 
 interest, rents and profits thereof, but shall be loaned out, 
 and held to use, rent or profit, as herein, heretofore or may 
 hereafter be provided by law. 
 
 § 67. School funds collected from taxes levied by the 
 orders of the directors, or from the sale of property belong- 
 ing to any district shall be paid out on the order of the 
 directors ; and all moneys and school funds, liable to distri- 
 bution, not being principal, paid into the township treasury, 
 or coming into the hands of the township treasurer, shall be 
 paid out only on the order of the proper board, signed by a 
 majority of the board, or their president and clerk ; and for 
 all payments made, receipts shall be taken and filed ; and 
 in all such orders shall be stated the purpose for which or 
 on what account drawn ; and all such orders may be in the 
 following form, to-wit : 
 
29 
 
 1861. 
 
 The treasurer of township number , range number , in 
 
 county, will pay to or bearer, dollars and cents, (on his 
 
 contract for repairing school house, or otherwise, as the case may be.) 
 
 By order of the board of said township. 
 
 C. D., Clerk. 
 
 A. B., President. 
 
 Form of order. 
 
 Which, together with the receipt of the person to whom order and re- 
 paid, shall be filed in the office of the township treasurer. ceipt8t0 beMe<1 ' 
 
 COMMON SCHOOL FUNDS. 
 
 § 68. The common school fund of this state shall consist Common school 
 of such sum as will be produced by the annual levy and as- fund * 
 sessment of two mills upon each dollar’s valuation of all the 
 ' taxable property in the state; and there is hereby levied and 
 assessed, annually, in addition to the revenue for state pur- 
 poses, the said two mills upon each dollar’s valuation of all 
 the taxable property in the state, to be collected and paid, 
 and the amount due from the state, according to a statement 
 and settlement of the account between the state and that 
 fund, under the provisions of an act, entitled “ An act to 
 provide for the distribution and application of the interest 
 on the school, college and seminary fund,” approved on the 
 seventh of February, one thousand eight hundred and thir- 
 ty-five, and of all funds which have been or may be receiv- 
 ed by the state from the United States, for the use and 
 support of common schools ; and also of the money added 
 ^ to the common school fund, which was received from the 
 United States under an act of congress providing for the 
 distribution of the surplus revenue of the United States, 
 and which was invested in bank stock by authority of the 
 state, and of the amount added to the school fund under an 
 act requiring the three per cent, fund to be invested in state 
 bonds : Provided , that in cases where, heretofore, the state ProviS o t 
 taxes have not been collected in any county, such county 
 shall not be entitled to a distribution of the college, semin- 
 ary and school fund, for the period of time that no such 
 taxes have been collected, and that the portion of the fund 
 aforesaid shall in such cases be distributed without regard 
 such county. 
 
 § 69. The state shall pay an interest of six per cent, per state to pay inter- 
 annum upon the amount of the aforsaid common school est * 
 funds, except on so much thereof as may be realized from 
 the levy of the tax directed to be levied under the provisions 
 of this act, which shall be paid annually, and applied to the 
 support of common schools, as herein provided. The state 
 shall also pay, as aforesaid, and at the same time an interest 
 of six per centum per annum upon the amount due the col- 
 lege and seminary fund ; which interest shall be loaned to 
 the common school fund, and known in this law and applied 
 in all cases as interest on the common school fund as afore- 
 said. 
 
1861. 
 
 30 
 
 I>uty of auditor. 
 
 Proviso. 
 
 Compensation of 
 collectors and of 
 school commis- 
 sioners. 
 
 § 70. On the first Monday in J anuary, in each and every 
 year next after taking the census of the state, the auditor of 
 public 'accounts shall, under the supervision of the commis- 
 sioners of the school fund of the state, ascertain the number 
 of white children in each county in the state under twenty 
 years of age, and shall thereupon make a dividend to each 
 county of two-thirds the sum from the tax levied and col- 
 lected under the provisions of the sixty-eighth section of 
 this act; and the interest due on the school, college and 
 seminary fund, in proportion to the number of white children 
 in each county under the age aforesaid, and of the remain- 
 ing one-tliird, in proportion to the number of townships and 
 parts of townships in each county, and issue his warrant to 
 the school commissioner of each county upon the collector 
 thereof. And upon presentation of said warrant by the 
 school commissioner to the collector of his county, said col- 
 lector or treasurer shall pay over to the school commissioner 
 the amount of said warrant out of the first specie funds 
 which may be collected by him, and not otherwise appro- 
 priated by law, taking said commissioner’s receipt therefor; 
 and on settlement with the auditor, said collector shall be 
 credited with the amount specified in said receipt, in the 
 same manner as if it had been paid into the treasury. Divi^ 
 dends shall be made as aforesaid, according to the propor- 
 tions ascertained to be due to each county annually there- 
 after, until another census shall have been taken, and then 
 dividends shall be made and continued as aforesaid, accord- 
 ing to the last census : Provided , that if any collector shall 
 fail or refuse to pay, in gold or silver, the amount of the 
 aforesaid warrant, or any part thereof, by the first day of 
 March annually, or so soon thereafter as it may be present- 
 ed, it shall be competent for the school commissioner to pro- 
 ceed against said collector and his securities, in an action of 
 debt, in the county court ; which court is hereby vested with 
 full power and authority to hear and determine all such 
 suits, render judgment and issue execution ; or said suit may 
 be brought in any court having jurisdiction; and the said 
 collector shall pay twelve per centum, to be assessed as 
 damages, upon the amount due, and which shall be included 
 in the judgment obtained against him. 
 
 COMPENSATION OF OFFICERS. 
 
 § 71. Collectors of the two mill tax, authorized under 
 section sixty-eight of this act, shall only be entitled to two 
 per cent, on the amount collected by them. School com- 
 missioners shall be allowed to retain out of the township 
 funds of the township for which the services may be ren- 
 dered, three per cent, upon the amount of sales of school 
 lands, and upon the real estate taken for debt, for their ser- 
 vices in making such sales, including such other services 
 
31 
 
 1861. 
 
 connected therewith, as are required by the provisions of 
 this act, and two per cent, they may retain upon the amount 
 of all sums distributed, paid or loaned out by them for the 
 support of schools. And for their services in visiting schools, Per diem for vis- 
 and the other duties required in the twentieth section of this llins school9 ‘ 
 act, school commissioners shall be allowed to retain two dol- 
 lars per day for any number of days not exceeding one hun- 
 dred in any one year, which account shall be certified and 
 sworn to by the school commissioner. County courts and 
 boards of supervisors are also hereby authorized to make Appropriations 
 appropriations out of the county treasury to school commis- for institutes, 
 sioners for visiting schools and other educational services, 
 and also for the support of county teachers’ institutes, when- 
 ever, in their judgment, the interests of the schools and the 
 public good would thereby be promoted. 
 
 § 72. Township treasurers shall be allowed to retain two compensation of 
 per cent, upon all sums paid out or loaned by them, includ- *™ nship trea * u ' 
 ing moneys raised by virtue of any district tax; but they 
 shall not retain the said two per cent, unless the money is 
 actually paid in and reloaned to another person: And, provi- 
 ded also , that county treasurers shall not be entitled to any 
 commissions upon school taxes collected and paid over to 
 them by county or township collectors : And it is provided Pr0V i S0 . 
 further , that the board of trustees may reduce said treasu- 
 rer’s compensation ; and said boards shall, and it is hereby 
 made their duty to make a reasonable allowance to said 
 ^ treasurers for their services performed as clerks of said 
 boards, to be paid out of the township funds. School com- 
 missioners, trustees of schools, school directors, and all other 
 school officers, shall be exempted from working on the roads, 
 serving on juries and military duty. 
 
 LIABILITIES OF OFFICEES. 
 
 § 73. If any school commissioner, trustee of schools, Liabilities of offi . 
 township treasurer, director, or any other person entrusted cers - 
 with the care, control, management or disposition of any 
 school, college, seminary, or township fund for the use of 
 any county, township, district or school, shall convert any 
 such funds, or any portion thereof, to his own use, he shall 
 be liable to indictment, and upon conviction, shall be lined 
 in not less than double the amount of money converted, and 
 imprisoned in the county jail not less than one nor more 
 than twelve months at the discretion of the court. 
 
 § 74. Trustees of schools shall be liable, jointly and sev- 
 erally, for the sufficiency of securities taken from township 
 treasurers ; and in case of judgment against said treasurers 
 and their securities, for or on account of any default of any 
 such treasurer, on which the money shall not be made for 
 want of sufficient property whereon to levy execution, 
 actions on the case may be maintained against said trustee s 
 
1861. 
 
 32 
 
 Lien upon real es- 
 tate from date of 
 process. 
 
 Failure to make 
 returns. 
 
 All officers res- 
 ponsible. 
 
 jointly or severalty, and the amount not collected on said 
 judgment shall be recovered . with costs: Provided , that 
 if said trustees can show, satisfactorily, that the security 
 taken from the treasurer as aforesaid was, at the time of 
 said taking, good and sufficient, they shall not be liable as 
 aforesaid. 
 
 § 75. The real estate of school commissioners, of town- 
 ship treasurers, and all other school officers, and of the se- 
 curities of each of them, shall be bound for the satisfaction 
 and payment of all claims and demands against said com- 
 missioners 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 commissioner, treasurer or other officer, or 
 security aforesaid, shall defeat the lien created by this sec- 
 tion, but all and singular such real estate held, owned or 
 claimed as aforesaid, shall be liable to be sold in satisfaction 
 of any judgment which may be obtained in such actions or 
 suits. 
 
 § 76. Trustees of schools, or either of them, failing or 
 refusing to make returns of children in their township, ac- 
 cording to the provisions of this act, or if either of them 
 shall knowingly make a false return, the party so offending 
 shall be liable to a penalty of not less than ten dollars nor 
 more than one hundred dollars, to be recovered by action of 
 assumpsit , before any justice of the peace of the county ; 
 which penalty, when collected, shall be added to the town- 
 ship fund ; and if any school commissioner, director or 
 trustee, or either of them, or other officer whose duty it is, 
 shall negligently or willfully fail or refuse to make, furnish 
 or communicate the statistics and information, or shall fail 
 to discharge the duties enjoined upon them, or either of 
 them, at the time and in the manner required by the provi- 
 sions of this act, such delinquent or party offending shall be 
 liable to a fine of twenty -five dollars, to be recovered before 
 any justice of the peace, on information, in the name of the 
 people of the state of Illinois, and when collected shall be 
 paid to the school commissioner of the proper county, for 
 the use of schools. 
 
 § 77. School commissioners, trustees of schools, directors 
 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, township 
 or school fund, by reason of any failure on his or their part 
 to perform the duties required of him or them by this act, or 
 by any rule or regulation authorized to be made by this act ; 
 and each and every of the officers aforesaid shall be liable 
 for any such loss sustained as aforesaid, and the amount 
 thereof may be recovered, in a civil action before any court 
 having jurisdiction thereof, at the suit of the state of Illi- 
 
1861. 
 
 nois, lor the use of the county, township or fund injured ; 
 and the amount, when collected, shall be paid to the proper 
 officer, for the benefit of said county, township or fund in- 
 jured. 
 
 COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER 
 
 LAWS. 
 
 § 78. No justice of the peace, probate justice, constable, 
 clerk of any court, or sheriff, shall charge any costs in any 
 suit where any agent of any school fund, suing for the re- 
 covery of the same, or any interest due thereon, is plaintiff, 
 « and shall be, from any cause, unsuccessful in such suit. 
 
 * School commissioners appointed heretofore shall continue 
 in office until superseded, according to the provisions of 
 this act, and their duties, responsibilities and powers shall 
 be governed by the provisions herein named. Trustees of 
 school lands heretofore appointed, and trustees of schools 
 heretofore elected, shall also continue to discharge the duties 
 of their office until trustees of schools are elected under the 
 provisions of this act. Townships heretofore incorporated 
 shall, without any further action or proceeding, be consid- 
 ered as incorporated under the provisions of this act, and 
 the trustees and other officers shall continue to discharge 
 their duties till suspended by appointment or election under 
 this law; and all school directors and officers heretofore 
 4 appointed shall continue in office until superseded by the 
 election, as provided in this act, and shall be governed by 
 the provisions of the laws heretofore in force, unless other- 
 wise directed by this act. Leases of school lands shall 
 remain valid, and be executed according to the laws un- 
 der which they were made. Common school lands, valued 
 and offered for sale and remaining unsold., shall be sold 
 upon terms prescribed by this act. All taxes levied and 
 contracts made under the laws hereby repealed, shall 
 remain valid, and all rights, remedies, defenses and causes 
 of action existing, or which may hereafter exist or arise, 
 under or by virtue of said repealed laws, shall continue and 
 remain valid, and shall be enforced, notwithstanding the re- 
 peal of said laws, unless canceled according to the provi- 
 sions of this act. 
 
 " 4 
 
 OF CITIES AND INCORPORATED TOWNS. 
 
 § 79. This act shall not be so construed as to repeal or 
 change, in any respect, any special acts in relation to schools 
 in cities or incorporated towns, except that it shall be the 
 duty of the several boards of education or other officers of 
 any city or incorporated town, having in charge schools 
 under the provisions of any of the said special acts, or of 
 
 No cost to be 
 charged in cer- 
 tain cases. 
 
 Term of office. 
 
 Leases remain va- 
 lid. 
 
 Of cities and in- 
 corporat’d towns 
 
1861. 
 
 34 
 
 any ordinance of any city or incorporated town, on or before 
 the second Monday of October preceding each regular ses- 
 sion of the general assembly of this state, or annually, if re- 
 quired so to do by the state superintendent, to make out and 
 render a statement of all such statistics and other informa- 
 tion in regard to schools, and the enumeration of children 
 or white persons, as required to be communicated by town- 
 ship boards of trustees or directors under the provisions of 
 this act, or so much thereof as may be applicable to said 
 city or incorporated town, to the school commissioner of the 
 county where such city or incorporated town is situated, or 
 of the county in which the larger part of such city or town 
 is situated ; nor shall it be lawful for the county school com- 
 missioner or any other officer or person to pay over any por- 
 tion of the common school fund to any local treasurer, school 
 agent, clerk, board of education or other officer or person of 
 s* any township, city or incorporated town, unless a report of 
 the number of children or white persons, and other statistics 
 relative to schools, and a statement of such other informa- 
 tion as are required of the boards of trustees or directors, as 
 aforesaid, and of other school officers and teachers under the 
 provisions of this act, shall have been filed at the time or 
 times aforesaid, specified in this section, with the school com- 
 missioner of the proper county, as aforesaid. 
 
 Schools of persons § 80 . In townships in which there shall be persons of 
 of color. color, the board of trustees shall allow such persons a por- 
 tion of the school fund equal to the amount of taxes col- 
 lected for school purposes trom such persons of color in their 
 respective townships. 
 
 COMMON SCHOOL LANDS. 
 
 common school § 81 . Section number sixteen in every township granted 
 lands * to the state by the United States for the use of schools, and 
 
 such sections and parts of sections as have been or may be 
 granted as aforesaid, in lieu of all or part of section number 
 sixteen, and also the lands which have been or may be se- 
 lected and granted as aforesaid, for the use of schools, to the 
 inhabitants of fractional townships in which there is no sec- 
 tion number sixteen, or where such section shall not contain 
 the proper proportion for the use of schools in such frac- 
 tional townships, shall be held as common school lands ; and * 
 the provisions of this act referring to common school lands 
 shall be deemed to apply to the lands aforesaid. 
 
 § 82 . All the business of such townships, so far as relates 
 to common school lands, shall be transacted in that county 
 which contains all or a greater portion of said lands. If 
 any person shall, without being duly authorized, cut, fell, box, 
 bore, destroy 01 car* 1 ) away any tree, sapling or log standing 
 or being upon any school lands, such person shall forfeit 
 
35 
 
 1861. 
 
 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 cir- 
 cuit court, either in the corporate name of the board of trus- 
 tees of the township to which the land belongs, or by action 
 of qui tarn, in the name of any person who will first sue for 
 the same — one-half for the use of the person suing, the 
 * other half to the use of the township aforesaid. When two Trespass, 
 
 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 
 i 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 Penalties. 
 . provisions of this section shall be paid to the township trea- 
 surer, and be added to the principal of the township fund ; 
 and all other fines, penalties and forfeitures imposed or in- 
 curred in any of the circuit courts of this state, or collected 
 by justices of the peace or other county officers, except fines 
 collected in incorporated towns or cities for the violation of 
 the by-laws or ordinances of said towns or cities, shall be 
 paid to the school commissioner of the county where such 
 fines, penalties and forfeitures have been collected, and the 
 . same shall be distributed by said commissioner in the same 
 manner as the common school funds of the state are distri- 
 buted; and if any county officer or justice of the peace 
 aforesaid shall fail or refuse to pay as aforesaid, after collec- 
 tion, such officer or justice of the peace, so failing or refus- 
 ing to pay as aforesaid, shall forfeit and pay double the 
 amount of such fine, penalty or forfeiture as aforesaid, col- 
 lected by him, to be recovered before any court having juris- 
 diction, in a civil action, at the suit of the school commis- 
 sioner. 
 
 SALE OF COMMON SCHOOL LANDS. 
 
 § 83. When the inhabitants of any township or frac- sale of 
 tional township shall desire the sale of the common school lands ' 
 
 4 land of the township or fractional township, they shall pre- 
 sent a petition to the school commissioner of the county in 
 which the school lands of the township, or the greater part 
 thereof, lie, for the sale thereof; which petition shall be 
 signed by at least two-thirds of the white male inhabitants 
 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- 
 
 school 
 
1861. 
 
 36 
 
 Proviso. 
 
 Trustees to divide 
 land into lots. 
 
 Subdivision of 
 lots. 
 
 Terms of selling. 
 
 ace of selling. 
 
 Notice. 
 
 zens, proving the signing in the manner aforesaid, and 
 stating the number of white male inhabitants in the town- 
 ship or fractional township, of and over twenty-one years of 
 age ; and said petition, so proved, shall be delivered to the 
 school commissioner 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. 
 
 § 84. When the petition and affidavits are delivered to 
 the school commissioner as aforesaid, he shall notify the 
 trustees of said township thereof, and said trustees shall im- 
 mediately proceed to divide the land into tracts or lots of 
 such form and quantity as will produce the largest amount 
 of money ; and after making such division, a correct plat 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 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 describ- 
 ing the lot in the certificate, so as fully and clearly to dis- 
 tinguish and identify each lot; which plats and certificate 
 shall be delivered to the school commissioner, and shall 
 govern him in advertising and selling said lands. 
 
 § 85. In subdividing common school lands for sale, no 
 lot shall contain more than eighty acres, and the division 
 may be made into town or village lots, with roads, streets 
 or alleys between them and through the same ; and all such 
 divisions, with all similar divisions hereafter made, are 
 hereby declared legal, and all such roads, streets and alleys, 
 public highways. 
 
 § 86. The terms of selling common school lands shall be 
 to the highest bidder, for cash, with the privilege to each 
 purchaser of borrowing from the school commissioner the 
 amount of his bid for any period not less than one or more 
 than five years, upon his paying interest and giving security, 
 as in case of money loaned by township treasurer, as pro- 
 vided in this act. 
 
 § 87. The place of selling common school lands shall be 
 at the court house of the county in which the lands are sit- 
 uated ; or the trustees of schools may direct the sale to be 
 made on the premises ; and upon the reception by the 
 school commissioner of the plat and certificate of valuation 
 from the trustees, he shall proceed to advertise the said land 
 for sale, in lots, as divided and laid off by said trustees, by 
 posting notices thereof in at least six public places in the 
 county, forty days next anterior to the day of sale, describ- 
 ing the land, and stating the time, terms and place of sale ; 
 and if any newspaper is published in said county, said ad- 
 
 * 
 
 * 
 
37 
 
 1861. 
 
 i 
 
 
 vertisement shall be printed therein for four weeks before 
 the day of sale — if none, then it shall be sold under the no- 
 tice aforesaid. 
 
 § 88. Upon the day appointed the school commissioner school commis- 
 shall proceed to make sales as follows, viz : He shall begin sales. 1 " 
 at the lowest number of lots and proceed regularly to the 
 highest, till all are sold or offered. No lot shall be sold for 
 less than its valuation by the trustees. Sales shall be made 
 between the hours of ten o’clock, a. m., and six o’clock, p. m., 
 and may continue from day to day. The lots shall be cried 
 separately, and each lot cried long enough to enable any 
 one present to bid who desires it. 
 
 § 89. Upon closing the sales each day, the purchasers p c a u y r ^ nftubese ' 
 shall each pay or secure the payment of the purchase money, 
 according to the terms of sale ; or in case of his failure to do 
 so by ten o’clock the succeeding day, the lot purchased shall 
 be again offered at public sale, on the same terms as before, 
 and if the valuation or more shall be bid, shall be stricken 
 off ; but if the valuation be not bid the lot shall be set down 
 as not sold. If the sale is or is not made, the former pur- 
 chaser 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 school commissioner may forthwith 
 nstitute an action of debt or assumpsit, in his name, as com- 
 missioner, for the use of the inhabitants of the township 
 where the land lies, for the required sum ; and upon making 
 proof, shall be entitled to judgment, with costs of suit; 
 which, when collected, shall be added to the principal of the 
 township fund. And if the amount claimed does not ex- 
 ceed one hundred dollars, the suit may be instituted before 
 a justice of the peace ; but if more than that sum, then in 
 the circuit court of any county wherein the party may be 
 found. 
 
 § 90. All lands not sold at public sale, as herein pro- unsold lands sub- 
 vided for, shall be subject to sale at any time thereafter, at ™iuation. ale 
 the valuation ; and school commissioners are authorized and 
 required, when in their power, to sell all such lands at pri- 
 vate sale, upon the terms at which they are offered at public 
 sale. 
 
 § 91. In all cases where common school lands have been Trust eesto cause 
 
 « ° a new valuation. 
 
 heretoiore valued, and have remained unsold tor two years, 
 after having been offered for sale, or shall hereafter remain 
 unsold tor that length of time, after being valued and offer- 
 ed for sale in conformity to this act, the trustees of schools 
 where such lands are situated may vacate the valuation 
 thereof, by an order to be entered in book A, of the school 
 commissioner, and cause a new valuation to be made, if in 
 their opinion the interests of the township will be promoted 
 thereby. They shall make said second valuation in the 
 same manner as the first was made, and shall deliver to the 
 school commissioner a plat of such second valuation, with 
 
1861. 
 
 88 
 
 Proviso. 
 
 Certificates 
 
 purchase. 
 
 the order of vacation, to be entered as aforesaid; whereupon 
 said school commissioner shall proceed in selling said lands 
 in all respects as if no former valuation had been made: 
 Provided , that the second valuation may be made by the 
 trustees of schools, without petition as provided in this act. 
 
 § 92. Upon the completion of every sale by the pur- 
 chaser, the school commissioner shall enter the same on book 
 B, and shall deliver to the purchaser a certificate of pur- 
 chase, stating therein the name and residence of the pur- 
 chaser, describing the land and the price paid therefor ; 
 which certificate shall be evidence of the facts therein 
 stated. 
 
 ^choo]. en c omrais- § 93- At the first regular term of the county court in 
 
 sioner to county each year, the school commissioner shall present to the court 
 court. 0 f coun ty — first, a statement showing the sales of school 
 
 lands made subsequent to the first regular term of the pre- 
 vious year, which shall be a true copy of the sale book, 
 (book B ;) second, statements of the amount of money re- 
 ceived, paid, loaned out and on hand, belonging to each 
 township or fund under his control — the statement of each 
 fund to be separate ; third, statements copied from his loan 
 book, (book 0) showing all the facts in regard to loans 
 which are required to be stated upon the loan book ; all of 
 which the county court shall thereupon examine and com- 
 pare with the vouchers, and the said county court, or so 
 many of them as may be present at the term of the court, 
 shali be liable individually to the fund injured, and to the 
 securities of said school commissioners, in case judgment be 
 recovered of said securities, for all damages occasioned by a 
 neglect of the duties, or any of them, required of them by 
 Proviso. this section : Provided , nothing herein contained shall be 
 construed to exempt the securities of said school commis- 
 sioner from any liability as such securities, but they shall 
 still be liable to the fund injured the same as if the county 
 commissioners were not liable. 
 
 T furniS to the § 94. The school commissioner shall also, at the time 
 auditor. e aforesaid, transmit to the auditor of public accounts a full 
 and exact transcript from book B of all the sales made sub- 
 sequent to each report. The statement required to be pre- 
 sented to the county court shall be preserved and copied 
 by the clerk of said court into a well bound book, kept for 
 that purpose; and the list transmitted to the auditor, shall 
 be filed, copied and preserved in like manner. 
 
 Purchasers to re- s 95. Every purchaser of common school land shall be 
 entitled to a patent from the state, conveying and assuring 
 the title. Patents shall be made out by the auditor from re- 
 turns made to him by the school commissioner. They shall 
 contain a description of the land granted ; and shall be in 
 the name of and signed by the governor, countersigned by 
 the auditor, with the great seal of the state affixed thereto 
 by the secretary of state, and shall operate to vest in the 
 
 V 
 
39 
 
 1861. 
 
 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 school commissioner 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 school commissioner. 
 
 § 96. Purchasers of common school lands, and their Duplicate copies, 
 heirs and assigns, may obtain duplicate copies of their cer- 
 tificates of purchase and of patents, upon filing affidavit 
 ) / with the school commissioner in respect to certificates, and 
 with the auditor in respect to patents, proving the loss or 
 destruction of the originals ; and such copies shall have all 
 the force and effect of the originals. 
 
 ACTS REPEALED PUBLICATION AND DISTRIBUTION OF THE ACT. 
 
 § 97. An act entitled “An act to establish and ma i n tn Acts repealed, 
 common schools, 35 approved February 12th, 1819, and a n 
 act to amend said act, approved February 12th, 1851, an d 
 an act entitled “An act to increase the school fund,” a p- 
 proved February 10th, 1853, and all other acts and parts of 
 acts coming in conflict with the provisions of this act, are 
 hereby repealed. This act to be in force from and after its 
 passage. 
 
 § 98. The public printer is hereby required to print ^eprintedand 
 fifty thousand copies of the whole act, as amended, under distributed, 
 the direction of the superintendent of public instruction, and 
 to be distributed by him to the several counties of the state, 
 according to population. 
 
 Approved February 22, 1861. 
 
 AN ACT for the establishment and maintenance of a Normal University. In force February 
 
 18 , 1859 . 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois , represented in the Gceneral Assembly , That C. B. 
 
 Denio, of JoDaviess county, Simeon Wright, of Lee county, corporators. 
 Daniel Wilkins, of McLean county, 0. E. Ilovey, of Peoria 
 county, George B. Rex, of Pike county, Samuel W. Moul- 
 ton, of Shelby county, John Gillespie, of Jasper county, 
 
 George Bunsen, of St. Clair county, Wesley Sloan, of Pope 
 county, Ninian W. Edwards, of Sangamon county, John 
 Eden, of Moultrie county, Flavel Mosely, of Cook county, 
 
 William H. Wells, of Cook county, Albert R. Shannon, of 
 White county, and the superintendent of public instruction, 
 
1861. 
 
 40 
 
 ex officio, with their associates, who shall be elected as herein 
 provided, and their successors, are hereby created a body 
 style. corporate and politic, to be styled “The Board of Education 
 
 of the State of Illinois,” and by that name and style shall 
 General -powers. p ave perpetual succession, and have power to contract and 
 be contracted with, to sue and be sued, to plead and be im- 
 pleaded, to acquire, hold and convey real and personal pro- 
 perty, to have and use a common seal, and to alter the same 
 at pleasure ; to make and establish by-laws and alter or re- 
 peal the same as they shall deem necessary for the govern- 
 ment of the Normal University hereby authorized to be es- 
 tablished or any of its departments, officers, students or em- 
 ployees, not in conflict with the constitution and laws of 
 this state, or of the United States ; and to have and exercise 
 all powers, and be subject to all duties usual and incident 
 to trustees of corporations. 
 
 superintendent. § 2. The superintendent of public instruction, by virtue 
 of his office, shall be a member and secretary of said board, 
 and shall report to the legislature at its regular sessions the 
 condition and expenditures of said Normal University, and 
 communicate such further information as the said board of 
 education or the legislature may direct. 
 
 Members not to § 3. No member of the board of education shall receive 
 receive oompen- a ny compensation for attendance on the meetings of the 
 board, except his necessary traveling expenses ; which shall 
 be paid in the same manner as the instructors employed in 
 the said Normal University shall be paid. At all the stated * 
 and other meetings of the board, called by the president or 
 secretary, or any five members of the board, five members 
 shall constitute a quorum, provided all shall have been duly 
 notified. 
 
 object of assoda- § 4. The objects of the said 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 wfliich pertain to a common school education, in the 
 elements of the natural sciences, including agricultural 
 chemistry, animal and vegetable physiology, in the funda- 
 mental laws of the United States and 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. 
 
 § 5. The board of education shall hold its first meeting 
 of board of edu- at the office ot the superintendent ot public instruction, 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 Nor- 
 mal 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 induce- 
 
41 
 
 1861. 
 
 ments are offered for that purpose : Provided, that such lo- 
 cation 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, 
 lecturer on scientific subjects, instructors and instructresses, 
 together with such officers as shall be required in the said 
 Normal University, fix their respective salaries and prescribe 
 their several duties. They shall also have power to remove 
 any of them for proper cause, after having given ten days’ 
 notice of any charge which may be duly presented and rea- 
 sonable opportunity of defense. They shall also prescribe 
 the text books, apparatus and furniture to be used in the 
 University, and provide the same ; and shall make all regu- 
 lations necessary for its management. And the board shall 
 have power to recognize auxiliary institutions when deemed 
 practicable : Provided , that such auxiliary institutions shall 
 not receive any appropriation from the treasury, or the 
 seminary or university fund. 
 
 § 7. Each county within the state shall be entitled to 
 gratuitous instruction for one pupil in said Normal Univer- 
 sity ; and each representative district shall be entitled to 
 gratuitous instruction for a number of pupils equal to the 
 number of representatives in 'said district, to be chosen in 
 the following manner : The school commissioner in each 
 county shall receive and register the names of all applicants 
 for admission in said Normal University, and shall present 
 the same to the county court, or, in counties acting under 
 township organization, to the board of supervisors, as the 
 case may be, shall, together with the school commissioner, 
 examine all applicants so presented in such manner as the 
 board of education may direct, and from the number of such 
 as shall be found to possess the requisite qualifications, such 
 pupils shall be selected by lot ; and in representative dis- 
 tricts composed of more than one county, the school commis- 
 sioner and county judge, or the school commissioner and 
 chairman of the board of supervisors, in counties acting 
 under township organization, as the case may be, of the sev- 
 eral counties composing such representative district, shall 
 meet at the clerk’s office of the county court of the oldest 
 county, and from the applicants so presented to the county 
 court, or board of supervisors, of the several counties repre- 
 sented and found to possess the requisite qualifications, shall 
 select by lot the number of pupils to which said district is 
 entitled. The board of education shall have discretionary 
 power, if any candidate does not sign and file with the sec- 
 retary of the board a declaration that he or she will teach 
 in the public schools within the state, in case that engage- 
 ments 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. 
 
 Appoint principal 
 and lecturer. 
 
 Text books. 
 
 Provide auxiliary 
 
 Each county enti- 
 tled to gratuitous 
 instruction for 
 pupils. 
 
 Application of pu- 
 pils. 
 
 Selected by lot. 
 
 Required to file 
 declaration. 
 
1861. 
 
 42 
 
 Appropriation. 
 
 Term of office. 
 
 Vacancies — how 
 filled. 
 
 Elect president. 
 
 Appointment of 
 treasurer. 
 
 § 8. The interest of the university and seminary fund, 
 or such part thereof as may be found necessary, shall be and 
 is hereby appropriated for the maintenance of said Normal 
 University, and shall be paid on the order of the board of 
 education from the treasury of the state ; but in no case 
 shall any jDart of the interest of said fund be applied to the 
 purchase of sites, or for buildings for said university. 
 
 § 9. The board shall have power to appropriate the one 
 thousand dollars received from the Messrs. Meriams, of 
 Springfield, Massachusetts, by the late superintendent, to 
 the purchase of apparatus for the use of the Normal Univer- 
 sity, when established; and hereafter, all gifts, grants and 
 demises which may be made to the said Normal University 
 shall be applied in accordance with the wishes of the donors 
 of the same. 
 
 § 10. The board of corporators herein named and their 
 successors shall each of them hold their office for the term 
 of six years : Provided , that at the first meeting of said 
 board, the said corporators shall determine, by lot, so that 
 one-tliird 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 
 vacancies w T hich shall at any time occur in said board, by 
 appointment of suitable persons to fill the same. 
 
 § 11. At the first meeting of the board, and at each 
 biennial meeting thereafter, it shall be the duty of said 
 board to elect one of their number president, who shall 
 serve until the next biennial meeting of the board and until 
 his successor is elected. 
 
 § 12. At each biennial meeting it shall be the duty of 
 the board to appoint a treasurer, who shall not be a member 
 of the board, and who shall give bond, with such security as 
 the board may direct, conditioned for the faithful discharge 
 of the duties of his office. 
 
 § 13. This act shall take effect on and after its passage, 
 and be published and distributed as an appendix to the 
 school law. 
 
 Approved February 18, 1857. 
 
INDEX 
 
 PAGE. 
 
 Accounts of treasurer, how to be kept 24 
 
 Acts, this act not to repeal special acts 33 
 
 what, repealed by this act 39 
 
 this act to be in force, when 39 
 
 how many copies of this to be printed 39 
 
 how to be distributed 39 
 
 Actions. See “Suits,” 
 
 Advertisement of sale of school land 36 
 
 See “ Notice,” 
 
 Apportionment, how made among townships 7 
 
 funds to schools composed of different districts 12 
 
 how made in forming new districts 12 
 
 Attachment., in what cases, may issue 20 
 
 Auction, lands may be sold at, by trustees 15 
 
 Auditor of public accounts, his duties 30 
 
 shall make dividends of school funds 30 
 
 shall issue warrants for same 30 
 
 to be furnished with transcripts of sales 38 
 
 shall issue patents to purchasers of school 
 
 lands 38 
 
 may issue duplicate copies of patents 39 
 
 Bands, of superintendent 3 
 
 of school commissioners 5 
 
 form of 6 
 
 of township treasurer, where to be filed 7 
 
 directors may issue for borrowed money 19 
 
 how such are to be executed 19 
 
 of township treasurer 24 
 
 Books, for school commissioner, how paid for 3 
 
 C. 
 
 Causes of action, existing to remain valid 33 
 
 See “Suits.” 
 
 Certificates, of board of directors 18 
 
 of teachers 21 
 
 grades of 21 
 
 of teachers, to be attached to schedules 22 
 
 form of 22 
 
 of directors, to be attached to schedules 23 
 
 form of 23 
 
 of purchase to be given ... 38 
 
 of purchase, duplicates may issue 39 
 
 Circulars, to be issued by superintendent 4 
 
 Cities. See “ Towns and Cities.” 
 
 Clerk of board of trustees, how appointed 11 
 
 duties of 11 
 
 must join in executing conveyances 14 
 
 of board of directors 16 
 
 of board of directors to sign bonds 18 
 
 county, to make computation of taxes 18 
 
 computation to be final 18 
 
 shall delive r to treasurer certificate of amount 
 
 due ... 18 
 
 how to proceed where a district is in two coun- 
 ties 19 
 
 Collector, county, to pay over taxes to township 
 
 treasurer IS 
 
 in case of refusal to pay over, may be sued 19 
 
 not liable for taxes he could not collect 19 
 
 to pay over taxes on warrant of auditor 30 
 
 to pay gold and silver 30 
 
 PAGE. 
 
 Collector may be proceeded against in county court 30 
 
 compensation of. 81 
 
 Compensation, of superintendent 5 
 
 of collectors 31 
 
 of commissioners 31 
 
 of township treasurers 31 
 
 of county treasurers 31 
 
 Common school lands. See “ Lands” and “ Real 
 Estate.” 
 
 Common school funds. See “ Funds” and “Mo- 
 neys.” 
 
 Commissioners. See “ School Commissioners.” 
 
 Compromise, may be made by trustees 15 
 
 Consolidation of two or more districts 14 
 
 Contracts, to remain valid 33 
 
 directors shall not be interested in 16 
 
 Conveyances, of school sites, how executed 14 
 
 to trustees, how to be made 15 
 
 of school lands, how made 38 
 
 Costs, none to b? charged against shool officers, in 
 
 certain cases 33 
 
 of suits for trespassing on school lands 35 
 
 See “ Suits.” 
 
 Counties, not collecting funds, to receive none.. . . 29 
 
 how taxes are to be distributed to 30 
 
 Courts, county, may remove school commissioners 6 
 may require new bond from commissioners. . . 6 
 
 invested with jurisdiction in certain cases 13 
 
 shall have jurisdiction in trespass to school 
 
 lands 35 
 
 shall have jurisdiction in actions against col- 
 lectors 
 
 D. 
 
 Damages may be awarded against collector 19 
 
 may be awarded on breach of mortgage 26 
 
 Devise, may be bequeathed to trustees 14 
 
 Debts, due to schools, to be first paid 26 
 
 Directors, school or disirict 
 
 duty of, to transfer pupils 12 
 
 to have control of schools formed from two or 
 
 more districts 12 
 
 to draw orders for money 12 
 
 to pay share of expenses 12 
 
 to have control of school houses, etc. 14 
 
 may convey school site 14 
 
 election of 16 
 
 in case of vacancy in board of, how filled. ... 16 
 
 election may be postponed 16 
 
 to appoint a clerk — duties of 16 
 
 shall not be trustees 16 
 
 shall not be interested in contracts 16 
 
 may levy a tax for c chool purposes 17 
 
 shall determine amount necessary to be raised 
 
 for school purposes 17 
 
 shall determine what rate per cent, shall be 
 
 levied 17 
 
 shall make known estimates, with a list of tax 
 
 payers to county clerk by certificate 17 
 
 form of certificate , 17 1 
 
 shall inform collector, where districts are com- 
 posed of several townships, to what treasur- 
 er to pay over taxes 
 
 how to proceed where a district is in two coun- 
 ties 18 
 
INDEX 
 
 [ii] 
 
 PAGE. 
 
 PAGE. 
 
 Directors, school or district — 
 
 may borrow money 
 
 to be a body corporate, etc 
 
 may purchase libraries 
 
 shall establish schools, erect houses, etc 
 
 shall visit schools 
 
 shall appoint teachers 
 
 may dismiss them 
 
 may expend surplus moneys 
 
 liable for balance due teachers 
 
 when execution may issue against 
 
 shall examine and certify to schedules 
 
 form of certificate 
 
 shall file schedule with treasurer 
 
 not to certify schedule in certain cases 
 
 exempted from working on roads and serving 
 
 on juries 
 
 liabilities of 
 
 penalty for failing fo perform duties 
 
 heretofore appointed, to continue in office until 
 
 successors are elected 
 
 See “Officers of schools.” 
 
 Directors of union schools, how appointed, and 
 
 their duties 
 
 Distribution, how made in forming new districts. .. 
 
 how made in dividing districts 
 
 of taxes, to counties 
 
 Districts, school, may be formed from two or more 
 
 townships 
 
 pupils, from two or more, may be transferred, 
 when several districts are consolidated, new 
 
 district to own the property 
 
 in case of division of, funds to be distributed. . 
 when composed of two or more townships, how 
 
 to collect taxes 
 
 when situated in two counties, how taxes are 
 
 to be collected 
 
 Dividends, of school tax, to be declared by auditor 
 to be paid on auditor’s warrant 
 
 EJ. 
 
 Elections, of superintendent of public instruction. . 
 
 of school commissioners 
 
 of trustees of schools 
 
 trustees to act as judges and clerks of 
 
 manner of conducting, for trustees 
 
 qualification of voters at, for trustees 
 
 in case of a tie in, for trustees 
 
 judges of to deliver to school commissioner 
 
 poll hook and certificate 
 
 poll book and certificate to be evidence 
 
 of school directors : 
 
 judges of, their duty, 
 
 for purpose of raising funds, to be submitted 
 
 to the people 
 
 shall be held before issuing bonds for borrow- 
 ed money 
 
 shall be held in order to erect or change school 
 
 houses 
 
 Evidence, receipt of township treasurer shall be.. 
 
 school commissioner may give 
 
 poll book and certificate of election to be 
 
 poll book and certificate of election to be 
 
 Examination, of books, notes, accounts, etc., to be 
 
 made 
 
 of teachers 
 
 Executions. “See Judgments and Executions.” 
 Exemption, of school officers from working road, 
 
 serving on juries, etc 
 
 Expenses of supporting schools, how paid 
 
 Executors and administrators shall pay school 
 debts first 
 
 E\ 
 
 Fines. See “Penalties,” 
 
 Funds, may be withheld by superintendent 
 
 county, may be loaned 
 
 tax, how divided in formation of new district 
 
 how distributed by trustees 
 
 trustees may make orders for collection of 
 
 how distributed in division of a district 
 
 19 
 
 19 
 
 IT 
 
 19 
 
 19 
 
 19 
 
 19 
 
 16 
 
 19 
 
 19 
 
 23 
 
 23 
 
 23 
 
 23 
 
 31 
 
 31 
 
 32 
 
 33 
 
 12 
 
 12 
 
 16 
 
 30 
 
 12 
 
 12 
 
 14 
 
 14 
 
 18 
 
 19 
 
 30 
 
 30 
 
 3 
 
 5 
 
 9 
 
 10 
 
 9 
 
 10 
 
 10 
 
 10 
 
 11 
 
 15 
 
 16 
 
 Funds, not to be paid out except as designated 
 
 what shall constitute the principal of school. . . 
 
 no part of school, to be expended 
 
 how to be paid out 
 
 form of order 
 
 what shall constitute school 
 
 where a county fails to collect taxes, not to be 
 
 received by such county 
 
 state to pay interest on school 
 
 dividends to be made by auditor, of school 
 
 to be paid on auditor’s warrants 
 
 not to be paid to local treasurer in certain 
 
 cases 
 
 persons of color to have benefit of 
 
 statement of, to be made by commissioner 
 
 See “Moneys.” 
 
 Gr. 
 
 Gifts and grants may be made to trustees 
 
 I. 
 
 Improvements, liable to be destroyed, not be in- 
 cluded in mortgages 
 
 Indictment, persons liable to, for trespassing on 
 school lands * . 
 
 Interest, on money loaned, account to be kept by 
 
 commissioners 
 
 of county fund, how to be applied 
 
 what rate of, may be levied by directors 
 
 on money borrowed by directors 
 
 rate of, on money loaned by treasurer 
 
 proceedings in, case of failure to pay 
 
 to be paid by the state on school fund 
 
 J. 
 
 Judgments and executions, real estate may be pur- 
 chased by trustees in satisfaction of 
 
 for damages against collector 
 
 in what cases executions may issue against 
 
 trustees and directors 
 
 may be rendered by county court against col- 
 lector 
 
 in case of, against treasurer 
 
 to be a lien from date of process 
 
 Justices of the peace to have jurisdiction in certain 
 
 cases 
 
 to have jurisdiction in certain cases 
 
 in case of failure to pay over fines, etc 
 
 Xj. 
 
 20 
 
 19 
 
 20 
 T 
 9 
 
 11 
 
 IT 
 
 14 
 
 20 
 
 3T 
 
 12 
 
 26 
 
 5 
 
 T 
 
 12 
 
 12 
 
 12 
 
 14 
 
 Lands, school, petition for sale of, to be recorded . . 
 
 account of sales of, to be kept 
 
 purchases of, declared valid 
 
 leases of to remain valid 
 
 heretofore ottered for sale, how to be sold 
 
 what shall constitute school 
 
 business of townships shall be transacted in 
 the county which contains the greatest por- 
 tion of 
 
 penalty for cutting trees on 
 
 penalty for trespassing on 
 
 sales of, how to be made 
 
 what number of inhabitants a township shall 
 
 contain in order to sell 
 
 how to be subdivided 
 
 terms of sale of 
 
 plac':. of selling 
 
 notice of sale of 
 
 school commissioners shall sell, and how 
 
 payment for, how to be made 
 
 unsold, how to be disposed of 
 
 certificate of purchase to be given 
 
 statement of sales of, how made 
 
 transcript of sales of, to be made to auditor. . . 
 
 purchasers of, to receive a patent 
 
 See “ Ileal Estate.” 
 
 Leases, of school lands to remain valid 
 
 Liabilities, : of school officers 
 
 21 
 
 28 
 
 29 
 
 29 
 
 29 
 
 29 
 
 29 
 
 30 
 
 30 
 
 34 
 
 34 
 
 38 
 
 14 
 
 26 
 
 35 
 
 T 
 
 T 
 
 16 
 
 19 
 
 14 
 
 2T 
 
 30 
 
 15 
 
 14 
 
 20 
 
 20 
 
 32 
 
 32 
 
 2T 
 
 35 
 
 35 
 
 6 
 
 6 
 
 15 
 
 33 
 
 33 
 
 34 
 
 34 
 
 35 
 
 35 
 
 36 
 
 36 
 
 36 
 
 36 
 
 36 
 
 8T 
 
 3T 
 
 3T 
 
 3T 
 
 38 
 
 38 
 
 38 
 
 38 
 
 33 
 
 31 
 
INDEX 
 
 [in] 
 
 PAGE. 
 
 Liabilities, real estate bound for claims against 
 
 school officers 32 
 
 See “ Penalties.” 
 
 Libraries, may be purchased by directors 17 
 
 Liens, process against school officers shall be from 
 
 date 32 
 
 Loans, of money by treasurer, to be made ....... 25 
 
 Mi- 
 
 Mandamus, may be issued in certain cases 20 
 
 Maps, of townships to be prepared 11 
 
 to be certified and recorded 12 
 
 Meetings, for examination of teachers 21 
 
 Moneys, to be delivered by school commissioner to 
 
 successor 8 
 
 may be loaned by school commissioner 8 
 
 to be paid on order of the directors 12 
 
 for use of township to be paid to treasurer 14 
 
 for school purposes may be raised by directors. 1 6 
 rate per cent, to be determined by directors. . ljk 
 
 may be borrowed by directors 1 u 
 
 surplus, may be expended by directors 17 
 
 may be loaned by treasurer 25 
 
 additional security may be required 26 
 
 See “ Funds.” 
 
 Mortgages, in name of school commissioner de- 
 clared valid 8 
 
 suits may be brought on, and how 8 
 
 may be canceled by trustees 15 
 
 to be taken for money loaned by treasurer 25 
 
 form of 26 
 
 in case of breach, suit may be maintained 26 
 
 improvements liable to be destroyed not to be 
 included in 26 
 
 1ST. 
 
 Negroes. See “ Persons of color.” 
 
 Notes, in name of school commissioner declared 
 
 valid. 8 
 
 how suits may be brought on 8 
 
 fa. may be canceled by trustees 15 
 
 * may be taken by treasurer for money loaned . . 25 
 
 Notice of sale of school site to be posted 14 
 
 of sale of real estate 1 15 
 
 of election of directors 15 
 
 of election to borrow money 16 
 
 of election to change school houses 20 
 
 of meetings for examination of teachers 21 
 
 of sales of school lands 37 
 
 O. 
 
 Office, term of, of superintendent 3 
 
 oath of, superintendent .“. 3 
 
 term of, school commissioners 5 
 
 term of, trustees 9 
 
 school commissioners to continue in, until suc- 
 cessors are elected 33 
 
 trustees of schools to continue in, until succes- 
 sors elected 33 
 
 directors to continue in, until successors elec- 
 ted 33 
 
 Officers of schools, exempted from working roads, 
 
 serving on juries, etc 31 
 
 liabilities of 31 
 
 real estate of, subject to lien 32 
 
 subject to penalty for failing to do duty 32 
 
 of schools responsible for losses 32 
 
 not liable for costs in certain cases 33 
 
 heretofore appointed to continue in office until 
 
 successors are elected 33 
 
 in towns and cities, their duties 34 
 
 of courts, not to require costs in certain cases . . 33 
 
 in case, fail to pay over fines, etc 35 
 
 IP. 
 
 Patents, to be given to purchasers of school lands. 88 
 
 how to be issued . 38 
 
 duplicate copies of, may be issued 39 
 
 Payment, for school lands, how to be made 36 
 
 Penalties, what, collectors may be subject to 19 
 
 PAGE. 
 
 Penalties, what, township treasurer may be subject 
 
 to 27 
 
 what, school officers may be subject to 31 
 
 what, school officers may be subject to for fail- 
 ing in their duties 32 
 
 what, in case of false returns 32 
 
 how disposed of 33 
 
 for cutting trees on school lands 35 
 
 for trespassing on school lands 35 
 
 how collected 35 
 
 how disposed of 35 
 
 Persons of color, to have benefit of school fund in 
 
 certain cases 34 
 
 Petition, for sale of school lands shall be presented 35 
 
 how, shall be signed, etc 36 
 
 Postage of superintendent, how paid 5 
 
 Process, in what cases to issue 20 
 
 how to be served 20 
 
 from date shall be a lien 32 
 
 President of. board of trustees, how appointed 11 
 
 duty of ll 
 
 may execute conveyances 17 
 
 of board of directors to sign bonds 19 
 
 Property of a district to be distributed in case of a 
 
 division 14 
 
 Pupils of two or more districts, how transferred. . . 12 
 
 Purchase of real estate by trustees 15 
 
 of school lands by persons, how made 36 
 
 certificates of, to be given 38 
 
 Purchasers of school lands to receive patents 38 
 
 may obtain duplicate patents 39 
 
 q. 
 
 Qualifications of teachers 20 
 
 IR. 
 
 Real estate, taken for debts may be resold 9 
 
 may be purchased by trustees in certain cases. 15 
 
 title to, to vest in trustees in certain cases 14 
 
 may be deeded to trustees in compromise 15 
 
 may be sold at auction by trustees 15 
 
 sales of, how made 15 
 
 purchases of, declared valid 15 
 
 shall be bound for claims against school officers 
 
 from date of process 32 
 
 sale of, shall not defeat lien 32 
 
 may be sold in satisfaction of judgment 32 
 
 See “Lands.” 
 
 Removal of township treasurer, how made 14 
 
 of teachers, how made 20 
 
 Reports of superintendent 4 
 
 when to be made to governor 4 
 
 to be laid before general assembly 4 
 
 of schools in towns and cities 34 
 
 Returns, in case of officer making false 32 
 
 Rules and regulations may be made by superinten- 
 
 dent 
 
 S. 
 
 Salary of superintendent 
 
 when and how paid 
 
 See “ Compensation.” 
 
 Sales of school house and sites. . .• 14 
 
 of lands at auction 35 
 
 shall not affect lien on real estate 32 
 
 of school lands, how to be made 35 
 
 of school lands, terms of j # . 3^5 
 
 of school lands, place of selling * _ 35 
 
 of school lands, advertisement of * ’ . 35 
 
 of school lands, to be made by commissioner. . 37 
 
 of school lands, payments, how to be made 37 
 
 unsold lands subject to private sale 37 
 
 statement of, to be made by commissioner 38 
 
 transcript of, to be furnished to auditor 38 
 
 Schools, under supervision of superintendent 4 
 
 information respecting, to be communicated to 
 
 superintendent g 
 
 to be visited by school commissioner g 
 
 may be established comprising pupils of differ- 
 ent districts 72 
 
 when so established, how supported 12 
 
[IY] 
 
 INDEX 
 
 PAGE. 
 
 Schools, directors to have control of 
 
 expense of supporting, how paid 
 
 union, how formed 
 
 devise qr grant may be made to 
 
 directors to determine amount necessary for. . 
 
 to be established by directors 
 
 not to be extended longer than six months 
 
 School commissioners, to advise with superinten- 
 dent ; . 
 
 when and how elected 
 
 to give bond 
 
 condition and penalty of bond of 
 
 action may be maintained on bond of 
 
 form of bond of 
 
 liable to be removed by county court 
 
 shall give new bond if required 
 
 vacancy in office of, how filled 
 
 to provide books of record 
 
 to record petitions for sale of lands 
 
 to record plats, etc 
 
 to keep an account of sales of lands 
 
 to keep an account of money loaned 
 
 books, how paid for 
 
 shall file bond of township treasurer 
 
 shall deliver to township treasurer all bonds, 
 
 notes, mortgages, etc 
 
 shall take receipt for same.. 
 
 receipt to be evidence 
 
 shall make apportionment among townships, 
 
 and how 
 
 shall pay over distributive share to treasurer 
 
 annually 
 
 shall loan county fund 
 
 interest, how to be applied 
 
 shall give information to superintendent 
 
 shall deliver to successor all property, on expi- 
 ration of office 
 
 may loan moneys in same way as treasurers . . . 
 
 notes, mortgages, etc., in name of, valid 
 
 suits may be brought in name of 
 
 duty of, to visit schools, give directions, etc. . . 
 
 to have primary jurisdiction 
 
 may employ a competent person to furnish in- 
 formation, statistics, etc., in certain cases. . . 
 person so employed to have access to books, 
 
 papers, etc., of township. 
 
 to pay compensation to person so employed. . . 
 to coilect the amount so paid in action against 
 
 trustees 
 
 may be witness in such action 
 
 money so recovered to be paid over to 
 
 may' resell real estate taken for debts 
 
 may retain percentage for selling 
 
 shall examine teachers and give certificate 
 
 may revoke certificate 
 
 to fix a time for examining teachers 
 
 may proceed against collector in county court. 
 
 compensation of 
 
 exempted from working roads, serving on ju- 
 ries, etc 
 
 liabilities of 
 
 penalty for failing to perform duties 
 
 term of office of 
 
 not to pay funds to local treasurer in certain 
 
 cases 
 
 may bring suits against officers failing to pay 
 
 over fines, etc 
 
 shall sell school lands, and in what manner. . . 
 
 shall give to purchaser certificate 
 
 shall make statements of sales, moneys, etc . . . 
 
 shall furnish to auditor transcript of sales 
 
 School directors. See “Directors.” 
 
 School fund. See “ Funds ” and “ Moneys.” 
 
 School houses, title to, vested in trustees 
 
 control of, vested in directors 
 
 may be conveyed by directors 
 
 shall not be erected or changed without an elec- 
 tion 
 
 School lands. See “ Lands ” and “ Real Estate.” 
 School sites. See “ Sites.” 
 
 School trustees. See “ Trustees of Schools.” 
 School taxes. See “ Taxes.” 
 
 Schedules, shall be kept by teachers 
 
 what, shall contain 
 
 12 
 
 12 
 
 12 
 
 14 
 
 IT 
 
 19 
 
 19 
 
 4 
 
 5 
 5 
 
 5 
 
 6 
 6 
 6 
 6 
 6 
 6 
 6 
 6 
 
 7 
 
 7 
 
 7 
 
 7 
 
 7 
 
 7 
 
 7 
 
 7 
 
 7 
 
 7 
 
 8 
 8 
 8 
 8 
 8 
 8 
 
 8 
 
 8 
 
 9 
 
 9 
 
 9 
 
 9 
 
 9 
 
 20 
 
 21 
 
 21 
 
 30 
 
 31 
 
 31 
 
 31 
 
 31 
 
 33 
 
 34 
 
 35 
 
 36 
 38 
 38 
 38 
 
 14 
 
 14 
 
 14 
 
 19 
 
 22 
 
 22 
 
 Schedules, form of 
 
 to be certified by teachers 
 
 to be delivered to directors . 
 
 to be examined by directors 
 
 to be certified by directors 
 
 to be filed with treasurer 
 
 not to be certified in certain cases 
 
 Section, sixteenth, declared school lands 
 
 Securities, bound for demands against principals. . 
 of school commissioner not exempted from lia- 
 bilities 
 
 additional, may be required in certain cases. . 
 Settlement may be made with trustees by persons 
 
 indebted 
 
 Sites for schools, sales of, how made 
 
 purchases of, how made 
 
 Sixteenth section, declared school lands 
 
 State shall pay interest on school fund 
 
 Statement of condition of schools to be prepared.. 
 
 what shall be contained in 
 
 of treasurer to be laid before trustees 
 
 what shall be contained in such 
 
 of sales of land and moneys received by com- 
 missioner 
 
 Stationery, allowed to superintendent 
 
 Suits, may be brought on notes, mortgages, etc. , by 
 
 commissioner 
 
 school commissioner may be a witness in 
 
 may be brought against treasurer 
 
 may be brought against collector for refusal to 
 
 pay over 
 
 damages to be awarded in 
 
 may be maintained for breach of condition in 
 
 mortgage 
 
 how brought for interest on money loaned 
 
 all suits may be brought in name of trustees . . 
 may be brought against treasurer, on bond . . 
 may be brought in county court against col- 
 lector 
 
 may be brought against trustees for insufficien- 
 cy of treasurer’s securities 
 
 may be brought against officers failing in their 
 
 duty 
 
 costs of, not to be charged in certain cases .... 
 may be maintained for trespassing on school 
 
 lands 
 
 may be maintained for cutting trees on school 
 
 lands 
 
 how brought for penalties 
 
 how brought against purchasers of lands 
 
 Superintendent of public instruction, when and 
 
 how elected 
 
 term of office of 
 
 oath of office of 
 
 office of, where to be kept 
 
 bond of, penalty and conditions of 
 
 books and documents to be preserved by 
 
 record to be kept by 
 
 to pay over moneys 
 
 to advise school commissioners and teachers. . . 
 
 to have supervision of schools* 
 
 to issue circulars 
 
 to make reports to governor 
 
 to issue state certificates 
 
 contents of report of 
 
 to make rules and regulations 
 
 to explain and interpret this act 
 
 his decision to be final, except in certain cases 
 
 may cause funds to be withheld 
 
 salary of, when and how paid 
 
 to be allowed postage, stationery, etc 
 
 shall superintend publication of this act 
 
 shall distribute this act, and in what manner. . 
 
 T. 
 
 Taxes, school, how distribcted when new district 
 
 is formed 
 
 directors may levy 
 
 directors may levy 
 
 to be computed by county clerk 
 
 how collected 
 
 to be paid by collector to township treasurer. . 
 in case of refusal of collector to pay over 
 
 22 
 
 22 
 
 23 
 
 23 
 
 23 
 
 23 
 
 23 
 
 24 
 32 
 
 38 
 
 26 
 
 15 
 
 14 
 20 
 34 
 30 
 13 
 13 
 27 
 27 
 
 38 
 
 5 
 
 8 
 
 9 
 
 15 
 
 17 
 
 19 
 
 26 
 
 27 
 
 27 
 
 27 
 
 30 
 
 31 
 
 32 
 
 33 
 
 35 
 
 35 
 
 35 
 
 37 
 
 3 
 
 3 
 
 3 
 
 3 
 
 3 
 
 3 
 
 3 
 
 4 
 4 
 4 
 4 
 4 
 
 21 
 
 4 
 
 4 
 
 5 
 5 
 5 
 5 
 5 
 
 39 
 
 39 
 
 12 
 
 13 
 
 17 
 
 17 
 
 17 
 
 17 
 
 19 
 
Taxes, schools, how collected where district is in 
 
 two counties 
 
 shall not be levied for extending school longer 
 
 than six months 
 
 two mill, to constitute school fund 
 
 where county fails to collect, it shall receive 
 
 none 
 
 dividends of, to be made by auditor- 
 
 levied, to remain valid 
 
 persons of color to have benefit of 
 
 Teachers, balance due them after fund is exhaust- 
 ed, how collected 
 
 to be appointed by directors 
 
 compensa ion of, regulated by directo 
 
 may be dismissed by directors 
 
 to be examined by commissioner 
 
 qualifications necessary for 
 
 to receive certificate 
 
 form of certificate. . 
 
 meetings for examination of 
 
 in case of failure of, to attend examination 
 
 to exhibit certificate before receiving funds. . . 
 may teach particular branches in cert ain cases 
 
 shall keep schedules 
 
 form of schedules 
 
 shall attach certificate to schedules 
 
 to deliver schedules to directors 
 
 not receive compensation until schedule is filed 
 Title to real estate to vest in trustees in certain 
 
 cases 
 
 Towns and cities, special acts of, not changed by 
 
 this act 
 
 officers of, having in charge school, duties of. . 
 
 Townships, apportionment among, how made 
 
 distributive share of, to be paid to treasurers 
 
 annually 
 
 business of, to be done by trustees 
 
 to be body corporate 
 
 term of, name of, and style of 
 
 to be laid off in districts 
 
 map of, to be prepared 
 
 school districts may be formed from several. . . 
 when divided by county line seperate enumer- 
 ations to be made 
 
 to be considered as incorporated by this act. . . 
 Township treasurer. See “Treasurer.” 
 
 Transcript of sales of school lands to be furnished 
 
 to auditor 
 
 Treasurer, township, bond of, to be filed by school 
 
 commissioner 
 
 moneys, bonds, etc., to be delivered to, by 
 
 commissioner 
 
 to give receipt for same 
 
 receipt of, to be evidence 
 
 distributive share to be paid to, annually 
 
 how ^appointed 
 
 township, accounts of, to be examined 
 
 proceeds of sales of school sites to be paid to . . 
 
 moneys for use of townships to be paid to 
 
 may be removed by trustees 
 
 may be sued on bond 
 
 collector to pay over to, full amount of tax . . . 
 
 schedule to be filed with 
 
 to give bond and security 
 
 form of bond of 
 
 to provide books and keep accounts 
 
 accounts, how kept 
 
 shall loan money . & 
 
 terms on which, shall loan money 
 
 may require additional security 
 
 if not given, shall institute suit. 
 
 shall have debts due probated and classed 
 
 may bring suits for interest on loaned money. 
 Shall keep all moneys, books, &c., of township 
 shall make statement to trustees, on certain 
 
 days 
 
 what shall be contained in statement of 
 
 penalty in case of failure to_perform duties. . . 
 
 not liable in certain cases 
 
 to deliver money, books, etc., to successor. . . 
 in case of death of 
 
 Treasurer, township, compensation of 31 
 
 exempted from working roads, serving on ju- 
 ries, etc 31 
 
 liabilities of 30 
 
 Trees, penalty for gutting, on school lands.' 35 
 
 Trespass on school lands, how punished 35 
 
 Trustees of schools to be body corporate and politic 9 
 
 name and style of 9 
 
 term of office 9 
 
 eligibility of 9 
 
 election of 19 
 
 election of, may be postponed in certain cases 10 
 
 to act as judges and clerks at elections 10 
 
 in case of refusal of, to serve at elections 10 
 
 time and manner of electing 10 
 
 qualifications of voter for 10 
 
 in case of a tie in election 10 
 
 in case of vacancy in board of 10 
 
 to be successors to tiustees of school lands 11 
 
 property to be vested in 11 
 
 to hold semi-annual meetings. . 11 
 
 special meetings of, how called 11 
 
 how board of, shall be organized 11 
 
 may appoint a president 11 
 
 may appoint a township treasurer 11 
 
 may remove officers for cause 'll 
 
 duty of president of board of 11 
 
 duty of clerk of board of 11 
 
 must lay township off into districts 11 
 
 to prepare map of township 11 
 
 may form school districts from several townships 12 
 to make division of taxes in new districts, and 
 
 how 12 
 
 funds, how to be distributed by 12 
 
 may make orders for collection of funds 12 
 
 to ascertain amount in hands of treasurer 12 
 
 o draw on treasurer for payment of teachers. 12 
 
 may appoint directors of union schools 12 
 
 shall make s atement.s of condition of schools. 13 
 
 what shall be contained in statement of 13 
 
 duty of, in case township is divided by county 
 
 line 13 
 
 shall make examination of books, mortgages, 
 
 etc ; 14 
 
 may receive devise, gift or grant 14 
 
 vested with title and custody of school houses. 14 
 president and clerk of board of, to execute 
 
 conveyances 14 
 
 to distribute funds, e c., in division of district 14 
 shall cause all moneys to be paid to treasurer. 14 
 
 may remove township treasurer 14 
 
 may sue township treasurer 15 
 
 may purchase real estate in satisfaction of 
 
 judgment 15 
 
 title to such estate to vest in, for school purposes 15 
 
 may settle with persons indebted 15 
 
 may receive deeds to real estate in compromise 15 
 
 may cancel bonds, mortgages, etc 15 
 
 may lease or sell lands at auction 15 
 
 shall not be interested in contracts 17 
 
 hal no t be drector 17 
 
 execution may issue against 20 
 
 exempted from working roads, serving on ju- 
 ries, etc 31 
 
 li abilities of 31 
 
 able for sufficiency of treasurer’s securititdes. 82 
 
 penalty for failing to perform duties 33 
 
 to continue in office until successors appointed 36 
 
 how to proceed in selling school lands 36 
 
 Trustees of school lands, trustees of schools de- 11 
 dared successors of 
 
 ■v. 
 
 Vacancy in office of schoo 1 commissioner, how filled 6 
 Vcancy in board of trustees, how filled 10 
 
 W. 
 
 Witness, school commissioner maybe 
 
 See “Evidence.” 
 
 19 
 
 20 ' 
 
 29 
 
 29 
 
 30 
 
 33 
 
 34 
 
 18 
 
 19 
 
 19 
 
 19 
 
 20 
 
 20 
 
 20 
 
 21 
 
 21 
 
 21 
 
 21 
 
 22 
 
 22 
 
 22 
 
 22 
 
 23 
 
 23 
 
 15 
 
 33 
 
 33 
 
 7 
 
 7 
 
 9 
 
 9 
 
 9 
 
 11 
 
 11 
 
 11 
 
 13 
 
 33 
 
 38 
 
 7 
 
 7 
 
 7 
 
 11 
 
 14 
 
 14 
 
 14 
 
 14 
 
 15 
 
 18 
 
 23 
 
 23 
 
 24 
 
 24 
 
 24 
 
 25 
 
 Z5 
 
 26 
 
 26 
 
 27 
 
 27 
 
 27 
 
 27 
 
 27 
 
 27 
 
 27 
 
 28 
 
 28