THE ILLINOIS SCHOOL LAW, 1872-^883. AN ACT TO ESTABLISH AND MAINTAIN System of Free Schools, APPEOVED APEIL 1, 1872, Including Amendments made up to 1883, and other Acts Eelati\'e to Schools and School Officers, with an Appendix containing Acts Establishing State Normal Schools, and Pro- viding FOR County Normal Schools, and In- dustrial Schools for Boys and Girls. SPRINGFIELD: H. W. RoKKEK, State Peinteb and Binder. 1883. TABLE OF CONTENTS. Page. EXTEACT FROM THE CONSTITUTION 5 ACT OF 1872, AS AMENDED. 1874-1883: State Supebintendent of Public Instruction: Elootion 7 Oath— bond— office 7 Report to governor , 8 To make rules and regulations 8 Legal advice of school oliQcers 9 Compensation 9 To visit state charitable institutions that are educational 66 "County Supebintendents of Schools: Election 9 Oath— bond 9 Liability to removal 10 Report to county board 11 To pass upon township treasurer's bonds — 11 ^ Apportionment of funds 11 1^ Report to State Superintendent 12 To visit schools 12 ^ To advise school officers and teachers 12 i*> To examine treasurer's accounts 13 To examine teachers 35 To hold institutes 37 3e Compensation 70 *2 "Trustees of Schools: Election 15 Semi-annual meetings 17 Organization and appointment of treasurer. ..^ 17 Change of district boundaries 18 Cj-^ Division of district property in case of change of boundaries 21 •tf 18.., and ending the day of , 18. ., during which time the school was in session school days. Names. Days attended. John Smith Isaac Meisler — Sarah Danforth. Mary Newman.. Grand total number of days' attendance 15 11 20 18 64 Males. Females. Total. 2 2 4 Average daily attendance 3.2 And said teacher shall add up the whole number of days' attendance of each scholar, and make out the grand total number of days' attendance. He shall also note the whole number of scholars, giving the males and females separately, the average daily attendance, and shall set the age of each pupil opposite the name of said pupil, as in 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. A B , Teacher. T^63.cliGr to When the teacher shall have completed his or her deliver schedule or schedules, as above required, he or she shall dir editors .^^ deliver it to some one (1) of the directors, who shall give the teacher a receipt for the same, and it shall be the duty of said director, in connection with one (1) other director of the board to carefully examine such schedule or schedules, and after correcting &11 errors, if they shall find such schedule to have been kept according to law, they shall certify to the same, as near as practicable, in the following form, viz : 40 Certificate of State oi^* Illinois, I directors. County, s We, the undersigned, directors of (or members of boards of education) in township number , range number , in the county- aforesaid, certify that we have examined the foregoing schedule and find the same to be correct, and that the school was conducted according to law; that the teacher is paid as per contract dollars per ; that the said teacher has a legal certificate of grade, and that the property of the district in charge of such teacher has been satisfactorily accounted for. "Witness our hands this day of ,18.. Directors, ^^g^^^eachers' Teachers' wages are hereby declared due and payable abie^monthiy. monthly ; and upon certifying to the schedule as afore- said, the directors may at once make out and deliver to the teacher an order upon the township treasurer for the amount named in the schedule ; which order shall state the rate at which the teacher is paid according to his contract, the limits of the time for which the order pays, and that the directors have duly certified a schedule cov- ering this time, but it shall not be lawful for the directors b(?drawn°un- draw an order until they have duly certified to the til schedule schedule ; nor shall it be lawful for the directors after tifled.^^^ the date for filing schedules, as fixed by law, to certify any schedule not delivered to them before that date by the teacher, when such schedule is for time taught before the first of July preceding, nor to give an order in pa^y- ment of the teacher's wages for the time covered by such delinquent schedule. If auy order drawn for the payment of a teacher is presented to the township treasurer for payment, and is not paid for want of funds, the treasurer shall make a written statement over his signature by an endorsement upon such order, with date, showing such presentation and non-payment, and shall make and keep dei-^'io^^drar ^ ^^cord of sucli endorsement. Such order shall thereaf- imerest. ^'^ ter draw interest at the rate of eight (8) per cent, per annum, until paid, or until the treasurer shall, in writ- ing, notify the clerk of the board of directors that he has funds to pay such order, and of said notice the treasurer shall make and keep a record; and after giving such notice he shall hold the funds necessary to pay such order until it is presented for payment, and such orders shall draw no interest after the giving of said notice to said clerk of the board. [As amended by an act approved June 3, 1879, and by an act approved May 31, 1881.] Filing sched- § 54. Schedules made and certified as aforesaid, and covering all time taught during the school year end- ing June 3j, shall, on or before the seventh day of July, annually, be delivered by the directors to the township Liability of ^I'^^^^'^^^r ; and the directors shall be personally liable to directors. the district for any loss sustained by it through their failure to examine and deliver to the township treasurer School month all Schedules within the time fixed by law. The school month shall be the same as the calendar month; but teachers shall not be required to teach upon Saturdays, Holidays, legal holidays — these being New Year's, Fourth of July 4 and Christmas — and thanksgiving and fast days appointed by the national or state authority; nor shall they be required to make up the time lost by closing school upon such days or upon such special holidays as may be granted the schools by the board of directors. [As amended by an act approved June 3, 1879, and by an act approved May 31, 1881.] TOWNSHIP TREASURER — HIS DUTIES. § 55. The township treasurer, appointed by the board Bond, of trustees, shall, before entering upon his duties, execute a bond, with two or more freeholders, who shall not be members of the board, as securities, payable to the board of the township for which he is appointed treasurer, with a sufficient 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 bond shall be ap- proved by at least a majority of the board, and shall be delivered by one of the trustees, to the county superin- tendent of the proper county. And in all cases where such treasurer aforesaid is to have the custody of all bonds, mortgages, moneys and effects denominated prin- cipal, 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, mort- gages, moneys and effects ; and shall provide for the faithful accounting for, and turning over, of all such bonds, notes, mortgages, moneys and effects, as shall come into his hands while he may act as such treasurer under such appointment to his successor, when appointed and qualified as herein provided by giving bond. The penalty of said bond shall be increased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require, and whenever in the judgment of the trustees or county superintendent, the security is insufficient. Any and every township treasurer appointed subsequent to the first, as herein provided, shall execute bond with security, as is required of the first treasurer. The bond required in this section shall be in the following form, viz : STATE OF ILLINOIS. County. S Know all men by these presents, that we. A. B.. C. D., and E. F., are held xi^_rn of ho and flrnalr bound, jointly and severally, unto the board of trustees of town- ship rangre in said county, in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors and admin- istrators, firmly by these presents. In witness whereof, we liave 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 sliall deliver to his successor in office, after such successor shall have fully qualified, by giving bond as provided by law, all moneys, books, papers, securities and property which shall come into his hands or control, as such township treasurer, from the date of this bond up to the time that his successor shall 42 have duly qualified as township treasurer, by giving such bond as shall be required by law, then his obligation to be void; otherwise to remain in full force and virtue. Approved and accepted by G. H. ) L. J. } K. L. ) [As amended by an act approved June 3, 1879.] A. B. [sbatj.] C. D. [SEAL.] E. F. [SEAL.] Accounts of § 56. Every township treasurer shall provide himself treasurer. bound books, the one to be called a cash book, the other a loan book. He shall charge himself in the cash book with all moneys received, stating the charge, when, from whom, and on what account received ; and credit himself with all moneys paid or loaned, stat- ing the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securi- ties, or, if real estate be taken, a description of the same. He shall also enter, in separate accounts, moneys re- ceived and moneys paid out, charging the first to debit account, and crediting the latter as follows, to-wit : First. — The principal of the township fund, when paid in, and when paid out. Second. — The interest of the township fund, when re- ceived, and when paid out. Third. — The common school fund and other funds, when received from the county superintendent, and when paid out. Fourth. — The taxes received from the county or town collector, distinguishing between that for general school purposes and that levied for the purpose of prolonging schools. Fifth. — Donations received. Sixth. — Moneys coming from all other sources ; and in all cases entering the date when received, and when paid out. And he shall also arrange and keep his books and ac- counts in such other manner as may be directed by the State or county superintendent, or the board of trustees. He shall also provide a book, to be called a journal, in which he shall record, fully and at length, the acts and proceedings of the board, their orders, by-laws and reso- lutions. And he shall also provide a book, to be called Eeeord of ^ ^'^^ord, in which he shall enter a brief description of notes and all notes or bonds belonging to the township, and upon bonds. ii^Q opposite page he shall note down when paid, or any remarks to show where or in what condition it is, as in the following form, viz : Makers' Names Date of Note. When Due. Amt. Remarks. AB, CD, EF. January 1, 18—. January 1, 18—. $90 00 January 6th, 18—. handed to I. J., for collection, (or Janu- ary tith, 18— paid.) 43 All the books and accounts of the treasurer shall at all . Subject to times be subject to the inspection of the trustees, directors ^^^^^*^^^*^^* or other person authorized by this act, or by any com- mittee appointed by the voters of the township, at the annual election of trustees, to examine the same. § 57. Township treasurers shall loan, upon the follow- rp.j.j^gQfiQ^^j^j. ing conditions, all moneys which shall come to their hands by virtue of their office, except such as may be subject to distribution. The rate of mterest shall not be less than six (6) per cent, nor more than eight (8) per cent, per annum, payable half-yearly in advance, the rate of inter- est to be determined by a majority of the township trustees, at any regular or special meeting of their board. No loans shall be made for less than six (6) months, or more than five (5) years. For all sums not exceeding one hun- dred dollars ($100), loaned for not more than one (1) year, two (2) responsible sureties shall be given ; for all sums over one hundred dollars ($100), and for all loans for more than one (1) year, security shall be given by mortgage on real estate, unincumbered, in value double the amount loaned, with a condition that in case additional security shall at any time be required, the same shall be given to the satisfaction of the board of trustees for the time being: Provided, that nothing herein shall prevent the ^chooibonds loaning of township funds to boards of school directors, may be taken, taking bonds therefor, as provided in section forty-seven (47) of this act. Notes, bonds, mortgages and other secur- ities taken for money or other property, due or to become due to the board of trustees for the township, shall be ran^to^boarS payable to the said board by their corporate name ; and of trustees, in such name suits, actions and complaints, and every description of legal proceedings, may be had for the re- covery 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, mortgages and other securities, in which the name of the county superintendent or of the trustees of schools are in- serted, 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 mortgagor (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. surplus dis- Where there is a surplus of funds in the treasurer's ii^^^^s ^j^^be^io^n'd belonging to any school district, he may loan the same ^'^^ for the use and benefit of said district, upon the written request of the directors of such district, and not other- wise ; and all such loans shall be on the same conditions as are prescribed in this section for the loaning of town- ship funds. The township treasurer shall, on or before Township the thirtieth (80th) day of September, annually, prepare g^^l^^^Q^^j^/^ and deliver to the county superintendent of his county a superintend'- statement, verified by affidavit, showing the exact condi- o?\oans.^^^ ^ * 44 tion of the township funds. Said statement shall contain a description of the securities, bonds, mortgages and notes belonging to the township, giving the names of securities, dates, amounts of loan, rate of interest, when due, and all data by which a full understanding of the conditions of the funds may be obtained. The county superintend- ent shall preserve said statement for the use of the town- ship. [As amended byan act approved June 3, 1879, and by an act approved May 31, IfcSl.] § 58. Mortgages to secure the payment of money loaned under the provisions of this act may be in the following form, viz : Form of I, A B, of the county of and State of , do hereby mortgage. grant, convey and transfer to the board of trustees of township , range , in the county of , and State of Illinois, for the use of the inhabitants of said township, the following described real estate, to-wit: (Here insert premise-^.) Which real estate I declare to be in mortgage for the payment of dollars, loaned to me, and for the payment of all interest that may accrue thereon, to be computed at the rate of per cent, per annum until paid. And I do hereby covenant to pay the said sum of money in — years from the date hereof, and to pay interest on the same at the rate afore- said, half-yearly in advance. I further covenant thatlhave agood and valid title to Sfiid 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 lime be required, in writing, by said board of trustees; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or covenants herein contained, I will deliver immediate possession of the premises: and we, AB, and C, wife of AB, hereby release all right to the said premises wnich we may have by virtue of any homestead laws of this State; and in consideration of the premises, C, wife of said A B, doth hereby release to the said board all her right and title of dower in the aforegranted premises, for the purposes aforesaid. In testimony whereof, we have hereunto set our hands and seals, this day of , 18—. A B. [SEAL.] 0 D. [SEAL.] Which mortgage shall be acknowledged and recorded, as is required by law for other conveyances of real estate, the mortgagor paying the expenses of acknowledgment and recording. § 59. Upon the breach of any condition or stipulation contained in said mortgage, an action may be maintained mortgage damages recovered as upon other covenants ; but mortgages made in any other form to secure payment as aforesaid, 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 require additional security for the payment of money g^^^dditionai loaned, and such security shall not be given, the town- securi y. ^^^.^ treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon to the date . Preferen'^e of judgment: Provided, that proof be made of the said 8i7e^ to*schoo! I'equisition. In the payment of debts by executors and fund. administrators, those due the common school or township fund shall have a preference over all otber debts, except funeral and other expenses attending the last sickness, t 45 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 cred- itors, and have any debts, as aforesaid, probated and classed, to be paid as aforesaid. S 61. If default be made in the payment of interest r>of,„if , Ti , -jii Deiault in due upon money loaned by any county supermtendent or payment- township treasurer, or in the payment of the principal, interest at the rate of twelve per cent, per annum shall be charged upon the principal and interest from the day of default, which shall be included in the assessment of^®^^^*^- damages, or in the judgment in suit or action brought upon the obligation to enforce payment thereof; and in- terest as aforesaid may be recovered in action brought to recover interest only. And the said township treasurers Action to re- are hereby empowered to bring appropriate actions, in the cover interest name of the board of trustees, for the recovery of the half yearly interest, when due and unpaid, without suing for the principal, in whatever form secured, and justices of the peace shall have jurisdiction of such cases of all sums of two hundred dollars. § 62. All suits brought, or actions instituted, under the i^janner of provisions of this act, may be brought in the name of the bringing suits "board of trustees of township , range ex- cept as is provided for action qui tarn in this act, or in favor of county superintendents. The township treasurer shall demand, receive and safely keep, according to law, all moneys, books and papers of every description belong- 1. ^^^|^ip^ ing to his township. He shall keep the township fund treasurer, loaned at interest ; and if, on the first Monday in Octo- ber in any year, there shall be any interest or other funds on hand which shall not be required for distribution, such amount, not required, as aforesaid, may, if the board of trustees 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 every year, the township treasurer shall lay before the semi-annu- board of trustees a statement showing the amount of in- ai statement terest, rents, issues and profits that have accrued or be- trubtees. come due since their last regular half yearly meeting, on the township lands and township funds, and also the amount of state and county fund interest on hand. He shall also lay before the said trustees all books, notes, bonds, mortgages and all other evidences of indebtedness belonging to the township, for the examination of the trustees, and shall make such other statement as the board may require touching the duties of his office. He shall make out, annually, and present to the board of Annual ex- trustees at their meeting succeeding the annual election, hibit. a complete exhibit of the fiscal affairs of the township, and of the several districts or parts of districts in the township, showing the receipts of moneys, and the sources from which they have been derived, and the deficit and 46 delinquencies, if there be any, and the cause, as well as a classified statement of moneys paid out, the amount of obligations remaining unpaid. And he shall, within two the^districts.^ ^^y^ ^^^^^ Monday of April and of October in each year, make out for each district or part of district in the township, a statement or exhibit of the exact con- dition of the account of such district or part of district ; which statement or exhibit shall show the balance at the time of making the last exhibit and the amount received since up to the time of making the exhibit, and when and from what source received ; it shall also show the amount paid out during the same time, to whom paid and for what purpose; it shall be balanced and balance shown. The exhibit shall be subscribed and sworn to by the treasurer before any officer authorized to administer an oath, and shall then, by the treasurer be, without delay, delivered or transmitted by mail to the clerk, of the board of directors of the proper district, and it shall be the duty of said clerk upon receiving such exhibit, to enter the same upon the records of the district ; and at the next annual election of directors thereafter, the directors shall Exhibit to cause a copy of such exhibits to be posted up at the front be posted, Jqq^ where such election is held : Provided, that the first exhibit, made under the requirements of this act, shall be made within two days after the first Monday of Octo- ber, 1879, and shall commence with the balance on the first Monday in April, 1879. And for a failure on the part of the treasurer, clerk of any board of directors, or any director to comply with any of the requirements of this section, required of him, he shall be liable to penalty of not less than five dollars nor more than fifty dollars, to be recovered before any justice of the peace of the county in which the offense is committed : Provided, further, that it shall be the duty of said treasurer to comply with any demand the said trustees may make as to the verification of any balance reported to be on hand. [As amended by an act approved June 3, 1£79.] abirforTaii- § 64. For any failure or refusal to perfoi'm all the du- ure. ties required of township treasurer by law, he shall be liable to the board of trustees upon his bond, to be re- covered by action of debt by said board, in their corpor- ate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed ; but if said treasurer, in any such failure or re- fusal, acted under and in conformity 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 when acting order, aforesaid, and not the treasurer, shall be liable, ^ng^r ^orders jointly and severally, to the inhabitants of the township, to be recovered by an action of assumpsit, in the official name of the county superintendent of schools, for the use of the proper township. 47 § 65. When a township treasurer shall resign,^ or be ^^^f^i^l' ^1^' removed, and at the expiration of his term of office, he to be turned shall pay over to his successor in office all money on ^g|gQ^g_ hand, and deliver over all books, notes, bonds, mortgages, and all other securities for money, and all papers and documents of every description, in which the corporation may have any interest whatever ; and in case of the death of the township treasurer, his securities and legal represent- atives shall be bound to comply with the requisitions of this section. And for any failure to comply with the . Penalty and requisitions of this section, he shall be liable to a penalty''^ gment. of not less than ten nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained; and the obtaining or payment of said judg- ment shall in nowise discharge or diminish the obligation of his official bond. TOWNSHIP AND COUNTY SCHOOL FUNDS. § 66. All bonds, notes, mortgages, moneys and effects, g^^jg which have heretofore accrued, or may hereafter accrue teenth sec- from the sale of the sixteenth section of the common ^^°^* school lands of any township or county, or from the sale of any real estate or other property, taken on any judg- ment or for any debt due to the principal of any town- ship or county fund, and all other funds of every de- scription, which have been, or may hereafter be carried to and made part of the principal of any township or county fund, by any law which has heretofore been, is now, or may hereafter be enacted, are hereby declared to be and shall forever constitute the principal of the town- Principal o^ ship or county fund, respectively, and no part thereof towns'p funa. shall ever be distributed or expended for any purpose whatever, but shall be loaned out, and held to use, rent or profit, as provided by law. But the interest, rents, issues and profits, arising and accruing from the principal of said township or county fund, shall be distributed in ^/j^^® g^^J* the manner and at the times as provided in this act; nor shall any part of such interest, rents, issues and profits be carried to the principal of the respective funds, except as provided in section sixty-two of this act. § 67. School funds collected from special taxes, levied Moneys paid by order of school directors, or from the sale of property out upon or- belonging to any district, shall be paid out on the order of the proper board of directors ; and all other moneys and school funds, liable to distribution, paid into the township treasury, or coming into the hands of the town- ship treasurer, shall, after said funds shall have been ap- portioned by the township trustees, as required in section thirty-four of this act, be paid out only on the order of the proper board of directors, signed by the president and clerk of said board, or by a majority of said board. But ^ when a district is composed of parts of two or more town- tricts?^^ 48 ships, the township treasurer or treasurers who do not re- ceive the tax-money of said district, shall, when they hold any funds belonging to said district, notify the directors thereof of the amount of such funds ; and the directors shall thereupon give the treasurer who receives the tax- money of said district, an order for such funds, and upon receipt thereof he shall hold them, to be paid out as btftaken!^ aforesaid. For all payments made, receipts shall be taken and filed. In all such orders, shall be stated the purpose for which, or on what account drawn. Said orders may be in the following form, viz : Form of or- The trea-^iirer of , township No , range No , in der, county, will pay to or bearer, dollars and cents [on his contract for repairing school house, or whatever the purpose may bel. By order of the board of directors of school district No , in said town- ship. A B, President. G IJ, Clerk. Which order, together with the receipt of the person to whom paid, shall be filed in the office of the township treasurer: Provided, that when an order is paid in full, such order, if properly endorsed by the person in whose favor it was drawnl and liis assigns, if any, or by the person to whom paid, if drawn payable to bearer, shall be a sufficient receipt, for the purposes of this section. [As amended by an act approved June 3, 1879.1 ^^Twc)-miii § 68. *The common school fund of this State shall consist of the proceeds of a two-mill tax, to be levied upon each dollar's valuation of the property in the State, annually, until otherwise provided by law ; the interest on what is known as the School Fund Proper, being three per cent, upon the proceeds of the sales of the public lands in this State, one-sixth part excepted ; and the in- terest on what is known as the Surplus Eevenue, dis- tributed by act of Congress, and made a part of the common school fund by act of the Legislature, March 4, 18o7. .^^tatetopay § 69. The State shall pay the interest mentioned in the next preceding section at the rate of six per cent, per annum, annually, to be paid into and become part of said school fund. Auditor to 8 70. *0n the first Monday in January, in each and dend and is- every year next after taking the census of the State, the sue warrants, auditor of public accounts shall ascertain the number of children in each county in the State, under twenty-one * In section one of an act to provide the necessary revenue for State pur- poses, approved May 3, 187:^, it was provided that there should be levied "for State school purposes, to be designated State School Fund (in lieu of the two mill tax therefor) $1,000,000 annually," By the twenty-third clause of the act making appropriations the same year for the expense of the State government, this amount was appropriated to the counties from the State school fund, and the Auditor was authorized to " issue his warrant, on the proper evidence that the amount distributed had been paid to the county school superintendent." Substantially the same course has been taken by the subsequent General Assemblies. 49 years of age, and shall thereupon make a dividend to each county of the sum from the tax levied and collected under the provisions of the sixty-eighth section of this act, and of the interest due on the school fund proper and surplus revenue, in proportion to the number of children in each county under the age aforesaid, and issue his warrant to the superintendent of schools of each ^^sis of. county upon the collector thereof. And upon presenta- tion of said warrant by the county superintendent to the collector of his county, said collector or treasurer shall pay over to the county superintendent the amount of said warrant out of the first funds which may be collected by him, and not otherwise appropriated by law, taking said superintendent's receipt therefor. The warrants issued by g^^^^ ^^^^^ the Auditor of Public Accounts for the school fund tax andurer to^ re- for the interest of the school fund proper and surplus ^ | j^Ys Trom revenue, shall be received by the State Treasurer in pay- collectors, ment of amounts due to the State from county collectors ; and on presentation by the State Treasurer of said war- rants to the Auditor, he shall issue his warrant to said Treasurer on the school fand for the amount of the school fund tax warrants and on the revenue fund for the amount of the warrants for interest on the school fund proper and surplus revenue. Dividends shall be made as aforesaid, according to the proportions ascer- tained to be due to each county, annually thereafter, until another census shall have been taken, and then dividends shall be made and continued as aforesaid, ac- cording to the last census : Provided, that if any col- lector shall fail or refuse to pay the amount of the afore- said warrant, or any part thereof, by the first day of March, annually, or so soon thereafter as it may be pre- cofelftors to sented, it shall be competent for the county superintend- pay. ent to proceed against said collector and his securities in an action of debt, in any court having competent juris- diction ; 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 OFFICEES. § 71. * Collectors of the two mill tax, authorized under, ^^^^ed by law. section sixty-eight of this act, shall be entitled to such compensation as is or may be provided by law for the collection of taxes. County superintendents of schools shall hereafter receive, in full for all services performed by them, such compensation as is or may be fixed by law. Said compensation shall be payable quarterly, out , of the county treasury, upon the order of the county tions for in- clerk ; and county boards are authorized to make appro- stitutes. priations for the holding of county teachers institutes. * See note at foot of preceding page. 50 § 72. Township treasurers shall receive, in full for tion^of ^treas" ^^^^^^ services, a compensation, to be fixed prior to their urers^ election, by the board of trustees. Trustees of schools, school directors or other school officers performing like duties, shall be exempted from road labor and from mili- Exemption. ^ary duty.* LIABILITIES OF OFFICERS. § 73. If any county superintendent, trustee of schools, Liable to in- township treasurer, director or any other person in- i m p r i s o n- trusted 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 con- vert such funds, or any portion thereof, to his own use, he shall be liable to indictment, and, upon conviction shall be fined in not less than double the amount of money converted, and imprisoned in the county jail not less than one or more than twelve months, at the discre- tion of the court. Tnisteesiia- s 74, Trustees of schools shall be liable, jointly and ties of town- severally, lor the sumciency 01 securities taken irom town- ship treasur- gj^jp treasurers ; and in case of judgment against said treasurers and their securities, for or on account of any default of such treasurer, on which the money shall not be made for want of sufficient property whereon to levy execution, actions on the case may be maintained against said trustees jointly or severally, and the amount not collected on said judgment shall be recovered with costs : Exception. 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. of schoofoffi^ § ^^^^ estate of county superintendents, of ceA%ound. " towiisliip treasurers, and all other school officers, and o^ the securities of each of them, shall be bound for the satisfaction and payment of all claims and demands against said superintendents and treasurers and other officers, as such, from the date of issuing process against them, in actions or suits brought to recover such claims or demands, until satisfaction thereof be obtained; and Lien. no sale or alienation of real estate by any superintendent, treasurer or other officer, or security aforesaid, shall defeat the lien created by this section, but all and singu- lar 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. trustees"^^ to § Trustees of schools, or either of them, failing or make^returns. refusing to make returns of children in their township, according to the provisions of this act, or if either of * For repeal of this exemption in counties not under township organiza- tion, see Laws of 1873, p. 158, sec. 34; p. 159, sec. 37, and p. 162, sec. 57. 51 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 re- covered by action of assumpsit, before any justice of the peace of the county ; which penalty, when collected, shall be added to the township fund ; and if any county super- intendent, 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 sh?Jl fail to discharge the duties en- joined upon them, or either of them, at the time and in the manner required by the provisions of this act, such -p^^^ delinquent or party offending shall be liable to a fine of twenty-tive twenty-five dollars, to be recovered before any justice of^°^^^^^* the peace, on information, in the name of the People of the State of Illinois, and when collected to be paid to the county superintendent of the proper county, for the use of schools ; and any director failing to perform his County su- duties as director, under this act, may be removed by the SSiy^^remo^e county superintendent, and a new election ordered, as in director, other cases of vacancy. § 77. County superintendents, trustees of schools, di- ^ Officers re- rectors and townsnip treasurers, or either oi them, and loss of funds, any other officer having charge of school funds or pro- perty, shall be responsible for all losses sustained by any county, township or school fund, by reason of any fail- ure on his or their part to perform the duties required of him or them by this act, or by any rule or regulation authorized to be made by this act; and each and every one of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount thereof may be recovered in a civil action before any court hav- ing jurisdiction thereof, at the suit of the State of Illi- nois, for the use of the county, township or fund injured ; and the amount, when collected, shall be paid to the pro- per officer, for the benefit of said county, township or fund injured. No county, city, town, township, school district or other public corporation, shall ever make any Perversion appropriations or pay from any school fund whatever, sectarfimpur- anything in aid of any church or sectarian purpose, or to forWd- help support or sustain any school, academy, seminary, college, university or other literary or scientific institution controlled by any church or sectarian denomination what- ever; nor shall any grant or donation of money or other personal property ever be made by any such corporation to any church, or for any sectarian purpose ; and any ^ officer or other person, having under his charge or direc- tion school funds or property, who shall pervert the same in the manner forbidden in this section, shall be liable to indictment, and upon conviction shall be fined in a sum not less than double the value of the property so perverted, and imprisoned in the county jail not less than one or more than twelve months, at the discretion £2 Penalties. of the court. No teacher, State, county, township or district school officer, shall be interested in the sale, pro- scho"ofbooV? profits of any book, apparatus or furniture used etc. ' or to be used in any school in this State with which such officer or teacher may be connected, and for offending against the provisions of this section shall be liable to in- dictment, and upon conviction shall be fined in the sum not less than twenty-five nor more than five hundred dol- lars, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER LAW^S. § 73. No justice of the peace, probate justice, consta- bu'cfmr^ed*^ ^^^^^ court, or sheriff, shall charge any costs u c large . ^^-^ where any agent of any school fund, suing for the recovery of the same, or any interest due thereon, is plaintiff', and shall be unsuccessful in such suit. OF CITIES AND INCORPORATED TOWNS. Sppcial acts § '^9. This act shall not be so construed as to repeal not repealed, or change, in any respect, any special acts in relation to schools in cities having less than one hundred thousand inhabitants, or incorporated towns, townships or districts, except that it shall be the duty of the several boards of education or other officers of any city or incorporated town, township or district, having in charge schools under the provisions of any of the said special acts, or of any ordi- nance of any city or incorporated town, on or before the *fifteenth day of August preceding each regular session 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 information in regard to schools and the enumeration of persons as is required to be communicated by township boards of trustees or directors under the provisions of this act, or so much thereof as may be applicable to said cify or incorporated town, to the county superintendent of the county where such city or incorporated town is situated, or of the county in which the larger part of such city or town is situated; nor shall it be lawful for the county su- perintendent or any other officer or person, to pay over any portion of the c )mmon school fund to any local treas- urer, school agent, clerk, board of education, or other officer or person of any township, city or incorporated town, un- less a report of the number of persons and other statis- tics relative to schools, and a statement of such other information as is required of the board of trustees or di- rectors as aforesaid, and of other school officers and teach- ers, under the provisions of this act shall have been filed Reports. Penalty. ^Should be fifteenth of July. 53 at the time or times aforesaid, specified in this section, and the superintendent of schools of the proper county, as aforesaid. It shall also be the duty of the president, principal or other proper officer of every organized uni- versity, college, seminary, academy, or other literary in- stitution heretofore incorporated or hereafter to be incor- porated in this State, to make out or cause to be o/PJarnin°^^ out and forwarded to the office of the Superintendent of Public Instruction on or before the fifteenth day of Au- gust in each year, a report setting forth the amount and estimated value of real estate owned by the corporation ; the amount of other funds and endowments, and the yearly income from all sources ; the number of instruc- tors ; the number of students in the different classes; the studies pursued and the books used ; the course of instruc- tion ; the terms of tuition, and such other matteis as may be specially requested by said Superintendent, or as may be deemed proper by the president or principal of such institutions, to enable the Superiritendent of Public In- struction to lay before the legislature a fair and full exhibit Of the affairs and conditions of said institutions and of the educational resources of the State. [As amend- ed by an act approved June 3, lb79.j § 82. Incorporated cities and villages, except such asyiuages. now have charge and control of free schools by special acts, shall be and remain parts of the school townships in which they are respectively situated, and be subject to the general provisions of the school law, except as otber- W'ise provided in this section. In all school districts having a population of not less than two thousand in- habitants, and not governed by any special act in relation to free schools now in force, there shall be elected, instead of of the directors provided by law in other districts, a board "^'^ ^ of education, to consist of six members and three ad- ditional members for every additional ten thousand in- habitants, to be elected in the manner provided by section forty-two of this act for the election of school directors. At the first election of directors succeeding the passage of this act, in any district having a population of not less than two thousand inhabitants by the census of 1870, and in such other districts as may hereaftei" be ascer- tained by any special or general census to have a popu- lation of not less than two thousand inhabitants, at the first election of directors occurring after taking such special or general census, there shall be elected a board of education, who shall be the successors of the directors of the district; and all rights of property and rights aiid causes of action existing or vested in such directors shall vest in said board of education in as full and complete a manner as was vested in the school* directors.' Such board, at its first meeting, shall fix, by lot, the term» of office of its members, so that one-third shall serve for one year, one-third for two years, and one-third for three —4 54 years ; and thereafter one-third of the members shall be Termofofflce. elected annually, on the first Saturday in April, to fill the vacancies occurring, and to serve for the term of- three Powers and y®^.^^- Such board shall have power, and it shall be duties. their duty, in addition to or exclusive of the powers and duties of school directors : First. — To establish and support free schools not less than six nor more than ten months in each year. Second. — To repair and improve school houses, and fur- ^ nish them with the necessary fixtures, furniture, appa- ratus, libraries and fuel. Third. — To buy or lease sites for school houses, with the necessary grounds. Fourth. — To establish schools of different grades, and make regulations for the admission of pupils into the same. Fifth. — To levy a tax annually upon the taxable prop- erty of the district, in the manner provided by section forty-four of this act, for the purpose of supporting and maintaining free schqols in accordance with the powers herein conferred : Provided, that it shall not be lawful for such board of education to purchase or locate a school house site, to purchase, build or move a school house, or levy a tax to extend schools beyond the period of ten months in each year, except upon petition of a majority of the voters of the district. Sixth. — To examine and employ teachers, and fix the amount of their salaries. Seventh. — To employ, should they deem it expedient, a competent and discreet person or persons as superintend- ent or superintendents of schools, and fix and pay a proper salary or salaries therefor; and such superintend- ent may be required to act as principal or teacher in such schools. Eighth. — To lay off and divide the district into sub-dis- tricts, and from time to time to alter the same, create new ones and consolidate them. Ninth. — To visit all the public schools as often as once a month, to inquire into the progress of scholars, and the government of the schools ; to prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner. They shall have power to expel any pupil who may be guilty of gross disobedience or mis- conduct, and to dismiss and remove any teacher, when- ever, in their opinion, he or she is not qualified to teach, or whenever from any cause the interests of the schools may, in their opinion, require such removal or dismis- sion. They shall have power to apportion the scholars DisciDiine. ^o the several schools. It shall be the duty of the board of education to establish all such by-laws, rules and regu- lations for the government, and for the establishment and maintenance of a proper and uniform system of discipline 55 in the several schools, as may, in their opinion, be nec- essary. It shall be the daty of said board to take charge of the school houses, furniture, ground, and other prop- erty belonging to the district, and see that the saine are kept in good condition, and not suffered to be unneces- sarily injured or deteriorated, and also to provide fael and such other necessaries for the schools as, in their opinion, may be required in the school houses or other property belonging to the district. The said board shall appoint a president (who shall be one of their own number) and a secretary, and provide themselves with a well bound book, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shall be taken, and entered on the records Yeas and of the proceedings of the board upon all questions involv- ing the expenditure of money. None of the powers herein conferred upon the board of education shall be exercised by them except at a regular or special meeting of the board. The board of education shall annually prepare Keporttobe and publish in some newspaper, or in pamphlet form, a^^*^^^*^®^- report of the number of pupils instructed in the year pre- ceding, the several branches of education pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures. All conveyances of real estate shall be made to the township trustees, in trust for the use of schools, and no convey- ance of any real estate or interest therein, used for school purposes or held in trust for schools, shall be made except by the board of trustees, upon the written request of such board of education. All moneys raised by taxation for Township school purposes or received from the State common school treasurer to fund or from any other source for school purposes, shall ofJund?^^^^ be held by the township treasurer as a special fund for school purposes, subject to the order of the board of edu- cation, upon warrants signed by the president and secre- tary thereof. Any city, incorporated town, township or^ hoo^^^^^^ district in which the free schools are now managed under may be leliu- any special act,- may, by vote of its electors, cease to con- auished. trol such schools under such special act, and become a part of the school township in which it is situated, and subject to the control of the trustees thereof, under and according to the provisions of this act. Upon petition of fifty voters of such city, town, township or district, pre- sented to the board having the control and management of schools in such city, town, township or district, it shall be the duty of such board at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof by posting not less than five notices in the most public places in such city, town, township or district, the question of "Organization under organization the Free School Law;" and if it shall appear, on a can- undeniiis act 56 vass of the returns of said election, that a majority of the votes cast at snch election are "For Organization un- der the Free School Law," then at the next ensuing regular meeting of the board of trustees of the township or townships in which such city, incorporated town, town- ship or district is situated, said trustees shall proceed to redistrict the township or townwhips as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhnbitants in their respective townships, and to make division of funds and other property in the manner provided by section thirty-three of this act, and at the next ensuing election of director, directors or a board of education, as the case may be, shall be elected in each of the new districts so formed, as provided in section forty-two of this act. Cities ofioo,- In cities having a population exceeding one hundred thousand inhabitants, the board of education shall have chnrge and control of the pul)h'c schools in snch cities, and shall have power, with the concurrence of the city council — First. — To erect or purchase buildings suitable for school houses, and keep the same in repair. Second. — To buv or lease sites for school houses, with the necessary grounds. Third. — To issue bonds for the purpose of building, fur- nishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds ; to borrow money for school purposes upon the credit of the city. :»ower o[ the The board of education shall have power — )oard. First. — To furnish schools with the necessary fixtures, furniture and apparatus. Second. — To maintain, support and establish schools, and supply the inadequacy of the school funds, for the salaries of school teachers, from school taxes. Third. — To hire buildings or rooms for the use of the board. Fourth. — To hire buildings or rooms for the use of schools. Fifth. — ^To employ teachers and fix the amount of their compensation. Sixth. — To prescribe the school books to be used, and the studies in the different schools. Seventh. — To lay off and divide the city into school dis- tricts, and from lime to time to alter the same and create new ones, as circumstances may require, and generally to have and possess all the rights, powers and authority required for the proper man;{gement of schools, with power to enact such ordinances as miy be necessary or deemed expedient for such purpose. Schools in such ^cities shall he governed as hereinafter stated, and no ipower given to the board shall be exercised by the city 57 council. The board of education shall have the entire superintendence and control of the schools, and it shall be their duty to examine all persons offering themselves as candidates for teachers, and when found well qualified, to give them certificates thereof gratuitously ; to visit all the public schools as often as once a month ; to inquire into the progress of scholars, and the government of the schools ; to prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pu-sued in the proper manner; to prescribe what studies shall be taught, what books and apparatus shall be used. They shall have power to expel any pupil who may be guilty of gross disobedience or misconduct, and to dismiss and remove any teacher, whenever in their opinion he or she is not qualified to teach, or whenever from any cause the in erests of the school may, in their opinion, require such removal or dismission. They shall have power to apnortion the scholars to the several schools. It shall be their duty to establish all such l)y-laws, rules and regulations for the gov- ernment and for the establishment and maintenance of a proper and uniform system of discipline in the several schools, as may, in their opinion, be necessary. They shall determine, from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers and fix their compensation. It shall be the duty of the said board to take charge of the school houses, furniture, ground and other property belonging to the school districts, and see that the same are kept in good condition and not suffered to be unnec- essarily injured or deteriorated, and also to provide fuel and such other necessaries for the schools as in their opinion may be required in the school hou>^es or other property belonging to said districts. The said board shall appoint a president and secretary, the president to be ap- pointed from their own number, and shall appoint such other officers and employes as such board shall deem necessary, and shall prescribe their duties and compen- sation and terms of office ; and the said board shall pro- vide well bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shnll be taken, and ^eas entered on the records of the proceedings of the i oard, nays, upon all questions involving the expenditure of money. None of the powers herein conferred upon the board of education shall be exercised by them except at a regular meeting of the board. It shall be the duty of the board to report to the city council, from .time to time, any sug- gestion that they deem expedient or requisite in relation to the schools and the school fund, or tlie management thereof, and generally to recommend the e-stablishment of such schools and districts. The board of education shall prepare and publish an annual report, which shall i^eport. include the receipts and expenditures of each school, \ 58 specifying the source of such receipts, and the object of such expenditures. They shall also communicate to the city council, from time to time, such information within their possession as may be required. They shall have Conveyances, power to lease school property and to loan moneys be- longing to the school fund ; but all conveyances of real estate shall be made to the city in trust for the use of schools, and no sale of real estate or interest therein used for school purposes or held in trust for schools, siiall be made except by the city council, upon the written request of such board of education. All moneys raised by taxa- City treas-^-^^^ school purposes, or received from the State com- urer to hoidmon school fund, or from any other source for school funds. purposes, shall be held by the city Irea surer as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and city clerk ; but said board of education shall not add to the expenditures for school purposes any- thing over and above the amount that shall be received from the State common school fund, the rental of school City not lia-l^^^S' and the amount annually appropriated for such biefoi-^oxcess purposes. If Said board shall so add to such expendi- tures!^^^^^ ^"ture, the city shall not, in any case, be liable therefor. From and after the time this act shall take effect, the board of education in such cities shall consist of fifteen Appointment, members, to be appointed by the mayor by and with the advice and consent of the common council, five of whom shall be appointed for the term of one yepr, five for the term of two years, and five for the term of three years ; and at the expiration of the term of any members of said board, their successors shall be appointed in like manner. Any vacancy which may occur shall be filled by the ap- pointment of the mayor, with the approval of the com- mon council, for the unexpired term. Any person hav- ing resided in such city more than five years next pre- Not author- ^^©ding his appointment, shall be eligible to said office. izedtotax. Nothing herein shall be so construed as to authorize any board of education to levy or collect taxes, or to require the city council to levy and collect any tax upon the de- mand or under the direction of such board of education. COMMON SCHOOL LANDS. teen^^^^^ § Section number sixteen in every township granted 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 selected and granted as aforesaid, for the use of schools, to the inhabitants of fractional townships in which there is no section number sixteen, or where such section shall not contain the proper proportion for J 59 the use of schools in such fractional townships, shall he held as common school lands ; and the provisions of this act referring to common school lands, shall be deemed to apply to the lands aforesaid. § 82. All the business of such townships, so far as re- lates to common school lands, shall be transacted in that county which contains all or a greater portion of said gJ^Q^oY^fl^^J^g^ lands. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sap- ling or log, standing or beiug upon any school lands, such person shall forfeit and pay for every tree, sapling or log so felled, boxed, bored, destroyed or carried away, the sum of eight dollars ; which penalty shall be recovered, with costs of suit, by an action of debt or assumpsit, ^' before any justice of the peace having jurisdiction of the amount claimed, or in the county or circuit court, either in the corporate name of the board of trustees of the township to • which the land belongs, or by action of qui tarn, in the name of any person who will first sue for the same — one-half for the use of the person suing, the other half to the use of the township aforesaid. When two or more persons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein imposed. Every trespasser upon common school lands shall be liable to indictment, and upon conviction, fined in three times the amount of the injury occasioned by said trespass, and shall stand committed as in other cases of misdemeanor. All penalties and fines collected under the provisions of this section shall be paid to the township treasurer, and be added to the principal of the Fines and township fund. And all other fines, penalties and for- forfeitures, feitures imposed or incurred in any of the courts of record, or before any justice of the peace of this State, except fines, forfeitures and penalties incurred or imposed in incorporated towns or cities, for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the school superintendent of the county wherein such fines, forfeitures and penalties have been imposed or in- curred, who shall give his receipt therefor ; and the same shall be distributed by said superintendent, annually, in the same manner as the common school funds of the ^ State are distributed ; and it shall be the .duty of the state's ^atto^r- State's attorneys of the several judicial- circuits to enforce the collection of all fines, forfeitures and penalties imposed or incurred in the courts of record in their several cir- cuits, and to pay the same over to the school superin- tendents of the counties wherein the same have been im- posed or incurred, retaining therefrom the fees and com- missions allowed them by law; and it shall be the duty of the said justices of the peace to enforce the collection of all fines imposed by them, by any lawful means ; and when collected, the same shall be paid by the officer 60 char^?ed with the collection thereof to the school superin- tendent of the county in which the same was imposed. Clerks of said courts of record, State's attorneys and jus- Report oftices of the peace, shall report, under oath, to the school fines. superintendent of their respective counties, by the first of March, annually, the amount of such fines, penalties and forfeitures imposed or incurred in their respective courts, and the amount of such fines, forfeitures and penalties collected by them, giving each item separately; and the officer charged with the collection thereof, and said clerks, Penalty for State's attorneys and justices of the peace, for a failure port.^^ ^®~to make such report, shall be liable to a fine of twenty- five dollars for each offense, to be recovered in a civil action, at the suit of the school superintendent of the Penalty for proper county. For a failure to pay any such fines, for- ove^'flnescoi- penalties, on demand, to the person who is by lected. law authorized to receive the same, the officer having collected the same, or having the same in his possession, shall forfeit and pay double the amount of such fine, penalty or forieiture, as aforesaid, to be recovered before any court having juiisdiction thereof, in a qid tarn action — one-half to be paid to the informer and one-half to the school fund of the proper county. SALE OF COMMON SCHOOL LANDS. Petition for § 83. When the inhabitants of any township, or frac- saie. tional township, shall desire the sale of the common school lands of the township, or fractional township, they shall present a petition to the county superintendent of the county in which the school lands of the township, or the greater part thereof, lie, for the sale thereof; which peti- tion shall be signed by at least two-thirds of the legal voters of the township, or fractional township, of and over twenty-one years of age. The signing of the petition must be in the piesence of two citizens of the township, after the true meaning thereof shall have been explained ; and when signed, an affidavit shall be fixed thereto by the two citizens proving the signing, in the manner aforesaid, and stating the number of inhabitants in the township, or fractional township, of and over twenty-one years of age ; and said petition, so proved, shall be delivered to the county superintendent for his action thereon : Pro- vided, that no whole section shall be sold in any township containing less than two hundred inhabitants ; and com- mon 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. Fractional S 84. Any fractional township not having the requisite number of inhabitants to petition for the sale of the school lands therein, as provided in section eighty-three, which has not heretofore been united with any other township 61 for school purposes, and which does nofc contain a suffi- cient number of inhabitants to maintain a free schi)ol, is hereby attached to the adjacent congres> shall be selected by lot ; and in representative districts composed of more than one county, the school commis- sioner and the 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 represented, and found to possess the requisite qualifica- tions, shall select by lot the number of pupils to which said district is entitled. The board of education shall have the discretionary power, if any candidate does not flie^^decKra^ ^^^^ the secretary of the board a declaration lion. that he or she will teach in the public schools within the State, in case that engagements can be secured by rea- sonable efforts, to require such candidate to provide for the payment of such fees for tuition as the board may prescribe. § 8. The interest of the university and seminary fund,, or such part thereof as may be found necessary, shall be Appropria- and is hereby appropriated for the maintenance of said ion. normal university, and shall be paid on the order of the board of education from the treasury of the State ; but in no case shall any part of the interest of said fund be 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. Merriam, of Springfield, Massachusetts, by the late Superintendent, to the purchase of apparatus for the use of the normal university, when established, and hereafter, all gifts, grants and demises which may be made to the said normal uni- versity shall be applied in accordance with the wishes of the donors of the same. Term of § 10. The board of corporators herein named, and their successors, shall each of them hold their office for the *Made two by act approved Feb. 14, 1861. 87 term of six years : Provided, that at the first meeting of said board, the said corporators shall determine by lot, so that one-third shall hold their office for two years, one- third for four years, and one-third for six years. The Governor, by and with the advice and consent of the Vacancies- Senate, shall fill all vacancies which shall at any time ^^^^ flUed. 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 Appointment member of the board, and who shall give bond with such treasurer, 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 pas- sage, and be published and distributed as an appendix to the school law. [Approved February 18, 1857.] SOUTHERN ILLINOIS NORMAL UNIVERSITY, CARBONDALE. An Act to establish and maintain the Southern Illinois Nor- mal University. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That a body politic and corporate is hereby created, by the name of the Southern Illinois Normal University, to have perpet- General ual succession, with power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to receive, by any legal mode of transfer or conveyance, property of any description, and to have, hold and enjoy the same, with the rents and profits thereof, and to sell and convey the same ; also, to make and use a corporate seal, with power to break or change the same, and to adopt by-laws, rules and regulations for the government of its members, oflicers, agents and employes : Provided, proviso, such by-laws shall not conflict with the constitution of the United States or of this State. § 2. The objects of the said Southern Illinois Normal Objects. University shall be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching in all branches of study which pertain to a common school education, in the elements of the natural sciences, including agricultural chemistry, animal and 68 vegetable physiology, in the fundamental laws of the United States, and of the State of Illinois, in regard to the rights and duties of citizens, and such other studies as the board of education may, from time to time, pre- scribe. vested^l'n § ^' "^^^^ powers of the said corporation shall be vested trustees. in and its duties performed by a board of trustees, not ex- ceeding five in number, to be appointed as hereinafter provided. '^oFtrusTees* § ^* ^P^n the passage of this act the Governor shall " nominate and, by and with the advice of the Senate, appoint five citizens of the State as trustees of said institution, two of whom shall serve for two years, and three for four years, and until their successors are ap- pointed and enter on duty, and successors in each class shall be appointed in like manner for four years : Pro- vided, that in case of a vacancy by death or otherwise, the Governor shall appoint a successor for the remainder of the term vacated : Provided, that not more than two members of said board shall be residents of any one county. § 5. The said trustees shall hold their first meeting at Centralia, within one month after the passage of this act, at which meeting they shall elect one of their body as president and another as secretary ; and cause a reg- ular record to be made and kept of all their proceedings. The said board shall also, whenever his services shall be required, appoint a treasurer, not a member of the board. Appointment who shall give bonds to the People of the State of Illi- of treasurer. j^Qjg double the amount of the largest sum likely to come into his hands, the penalty to be fixed by the board, conditioned for the faithful discharge of his duties as treasurer, with two or more securities ; the treasurer may also be required to execute bonds from time to time as the board may direct. Duties of § 6. The treasurer shall keep an accurate account of treasurer. ^|-^ moneys received and paid out ; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof. Contracts. § 7. jS[o member, officer, agent or employe of the board shall be a party to or interested in any contract for ma- terials, supplies or services other than such as pertain to their positions and duties. Accounts. § 8. Accounts of this institution shall be stated and settled annually with the Auditor of Public Accounts, or with such person or persons as may be designated by law for that purpose. And the trustees shall, ten days previous to each regular session of the General Assembly, submit to the Governor a report of all their actions and proceedings in the execution of their trust, with a state- ment of all accounts connected therewith, to be by the Governer laid before the General Assembly. S9 § 9. The said board shall meet quarterly at such places or place as may be agreed on, and, until the^^J^^®^ buildings are completed, as much oftener as may be^nec- essary ; and thereafter the meetings shall be at the uni- versity. § 10. The trustees shall, as soon as practicable, adver- Location, tise for proposals from localities desiring to secure the location of said normal university, and shall receive, for not less than three months from the date of their first advertisement, proposals for points situated as hereinafter mentioned, to donate lands, buildings, bonds, moneys, or other valuable consideration, to the State in aid of the foundation and support of said university ; and shall, at a time previously fixed by advertisement, open and ex- amine such proposals, and locate the institution at such point as shall, all things considered, offer the most ad- Limits, vantageous conditions. The land shall be selected south of the railroad, or within six miles north of said road, pas- sing from St. Louis to Terre Haute, known as the Alton and Terre Haute railroad, with a view of obtaining a good supply of water and other conveniences for the use of the institution. § 11. Upon the selection and securing of the land Erection of aforesaid, the trustees shall proceed to contract for the i^^ii^ings. erection of buildings in which to furnish educational facilities for such number of students as hereinafter pro- vided for, together with the out-houses required for use, also for the improvement of the land so as to make CQjmtruction available for the use of the institution. The buildings shall not be more than two stories in height, and be con- structed upon the most approved plan for use, shall front to the east, and shall be of sufficient capacity to accom- modate not exceeding three hundred students, with the officers and necessary attendants. The outside walls to be of hewn stone or brick, partition walls of brick, roofs of slate, and the whole buildings made fire-proof, and so constructed as to be warmed in the most healthy and economical manner, with ample ventilation in all its parts. The out-houses shall be so placed and constructed as to avoid all danger to the main buildings from fire originat- ing in any one of them. The board shall appoint an honest, competent superintendent of the buildings and improvements aforesaid, whose duty it shall be to be always present during the progress of the work, and see that every stone, brick, and piece of timber used is sound and properly placed, and whose right it shall be to require contractors and their employes to conform to his direc- tions in executing their contracts: Provided, however, Provisos, that said board of trustees may appoint any one of their number such superintendent : And provided, further, that the buildings aforesaid may be erected and improvements made under the direction of the board and its superin- tendent, without letting the same to contractors. 90 Instructors, g 12. The Said board of trustees shall appoint instruct- ors and instructresses, together with such other officers as may*be required in the said Normal University, fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause after having given ten days' notice of any charge which may be duly presented, and reasonable opportunity Text-books, of defense. They shall also prescribe the text-books, ap- paratus and furniture to be used in the university and provide the same, and shall make all regulations neces- sary for its management. Each county § 13„ All the counties shall be entitled to gratuitous in- pupifs^^grau- structions for two pupils for each county in said normal tuousiy. university, and each representative district shall be en- titled to gratuitous instruction for a number of pupils equal to the number of representatives in said district, chosen.^^ ^ ^"to t>e chosen in the following manner: The superintend- ent of schools in each county shall receive and register the names of all applicants for admission in said normal university, and shall present the same to the county court, or, in counties acting under township organization, to the board of supervisors, which said county court or board of supervisors, as the case may be, shall, together with the superintendent, of schools, examine all applicants so pre- sented, in such manner as the board of trustees may di- rect ; and from the number of such as shall be found to possess the requisite qualifications such pupils shall be se- lected by lot, and in representative districts composed of more than one county, the superintendent of schools and county judge or the superintendent of schools and chair- man of the board of supervisors in counties acting under township organization, as the case may be, of the several 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 represented, and found to possess the requisite qualifications, shall select by lot the number of pupils to which said district is entitled. The board of trustees shall have discretionary power, if any candidate does not sign and file with the secretary of the board a declara- tion that he or she will teach in the public schools within the State not less than three years, in case that engagements can be secured by reasonable efforts, to require [the] candidate to provide for the payment of such fees for tuition as the board may prescribe. tion^therefor" § 14. To enable the board of trustees to erect the buildings and make the improvements preparatory to the reception of pupils in said institution, and to supply the necessary furniture for the same, the sum of seventy-five thousand dollars is hereby appropriated out of the State Treasury, payable on the orders of said board, as required for use, in sums not exceeding ten thousand dollars per 91 month. The first payment to be made on the first day of June next, and subsequent payments monthly thereaf- ter, but . each successive order for subsequent payments shall be accompanied by an account sustained by vouchers, showing, to the satisfaction of the Auditor, the expendi- ture of the previous payment. § 15. The expense of building, improving, repairing, ^^p^'^^®* and supplying fuel and furniture, and the salaries or compensation of the trustees, superintendent, assistants, agents and employes, shall be a charge upon the State Treasury ; all other expenses shall be chargeable against pupils, and the trustees shall regulate the charges ac- cordingly. § 16. If the buildings and improvements herein pro- ^y(ji|.Qj,(-Qjg Tided for shall be ready for the reception of pupils before sue warrants' the next regular session of the General Assembly, the Gov- ernor is authorized to make orders on the Auditor, directing him to issue warrants at the end of each quar- ter of the fiscal year for amounts sufficient to pay the expenses chargeable against the State, and the Auditor shall issue warrants accordingly, which shall be paid by the Treasurer. § 17. The trustees of this institution shall receive ^^^ir ^^Expenses of personal and traveling expenses, and the Auditor is hereby authorized to issue his warrants quarterly, upon taking the affidavit of the trustees as to the actual time em- ployed, and their personal and traveling expenses. § 18. This act shall take effect and be in force from and after its passage. [Approved March 9, 1869.] COUNTY NORMAL SCHOOLS. An Act to enable^ counties to establish County Normal Schools. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in each county adopting township organization, the board of super- visors, and in other counties the county court, may estab- lish a county normal school for the purpose of fitting teachers for the common schools. That they shall be es?abiEhed.' authorized to levy taxes and appropriate moneys for the support of said schools, and also for the purchase of • necessary grounds and buildings, furniture, apparatus, etc., and to hold and acquire, by gift or purchase, either from individuals or corporations, any real estate, build- ings or other property, for the use of said schools, said taxes to be levied and collected as all other county taxes : Provided, that in counties not under township organiza- tion, county courts shall not be authorized to proceed under the provisions of this act until the subject shall 92 have been submitted to a vote of the people, at a general ^^To be voted election, and it shall appear that a majority of all the- votes cast on the subject, at said election, shall be in favor of the establishment of a county normal school. The ballots used in voting on this subject may read *'For a county normal school," or "Against a county normal school." § 2. The management and control of said school shall Management.be in a county board of education, consisting of not less than five or more than eight persons, of which board, the chairman of the board of supervisors or the judge of the county court, as the case may be, and the county superintendent of schools, shall be, ex officio, members, board^of edu^ "^^^ other members shall be chosen by the board of cation. supervisors or county court, and shall hold their offices for the term of three years. But at the first election Election, one-third shall be chosen for one year, one-third for two years, and one-third for three years, and thereafter one- third shall be elected annually. Said election shall be held at the annual meeting of the board of supervisors in September, or at the September term of the county court, as the case may be. Power of said § ^' ^^^^ board of education shall have power to hire board. teachers, and to make and enforce all needful rules and regulations for the management of said schools. A ma- jority of said board shall constitute a quorum for the transaction of business, and a meeting of said board may be called at any time by the president or secretary, or by any three of the members thereof. Said board shall pro- ceed to organize, within twenty days after their appoint- ment, by electing a president, who shall hold his office for one year, and until his successor shall be appointed. The county superintendent shall be, ex officio, secretary of the board. Said board shall make to the board of super- visors, at their annual meeting in September, or to the- county court at the September term, as the case may be, a full report of the condition and expenditures of said county normal school, together with an estimate of the expenses of said school for the ensuing year. § 4. Two or more counties may unite in establishing ^may unite?^ ^ normal school, in which case the per cent, of tax levied for the support of said school shall be the same in each county. To legalize § 5. In all counties that have already established nor- estabifshed^^ nial schools, the action of the board of supervisors in so- doing, and all appropriations made by them for their support, are hereby legalized ; and said boards of super- visors are hereby authorized and empowered to make further appropriations for the support of such schools- already established, until such schools shall have been established under the previous sections of this act. § 6. No member of the aforesaid county board of edu- cation shall be entitled to compensation for services ren- dered %s a member of such board. ^3 § 7. This act shall be in force from and after its passage. [Approved March 15, 1869.] SCHOOL FOR GIRLS — INDUSTRIAL. An Act to aid Industrial Schools for Girls. Section 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly, That any seven or more persons, residents of this State, a majority of .^How organ- whom are women, who may organize, or have organized, ^ under the general laws of the State, relating to corpora- tions, for the purpose of establishing, maintaining and carrying on an industrial school for girls, shall have, under the corporate names assumed, all the powers, rights and privileges of corporations of this State, not for pecuniary profit, and shall be, and hereby are exempted from all State and local taxes : Provided however, that any persons organized, or who may hereafter organize as above set forth, desirmg to avail themselves of the pro- visions of this act, shall first obtain the consent of the Governor thereto, in writing, w^hich consent must be filed in the office of the Secretary of State. § 2. The object of industrial schools for girls shall be object, main- to provide a home and proper training school for such^®^^^°®' girls as may be committed to their charge ; and they shall be maintained by voluntary contributions, excepting as hereinafter provided. § 3. Any responsible person who has been a resident Enforcement of any county in this State, one year next preceding the^^^^*' time at which the petition is presented, may petition the county court of said county to inquire into the alleged dependency of any female infant then within the county and every female infant who comes within the following descriptions shall be considered a dependent girl, viz : Every female infant who begs or receives alms while actually selling, or pretending to sell any article in pub- lic ; or who frequents any street, alley or other place, for the pi:!rpose of begging or receiving alms ; or, who having no permanent place of abode, proper parental care, or guardianship, or sufficient means of subsistence, or who for other cause is a wanderer through streets and alleys, and in other public places ; or, who lives with, or frequents the company of, or consorts with reputed thieves, or other vicious persons ; or who is found in a house of ill-fame, or in a poor house. The petition shall also state the name of the father of the infant, if living, or if dead, the name of the mother; and if neither the father nor mother of the infant be liv- ing, or to be found in the county, then the name of the guardian, if there be one. If there be a parent living, or a guardian, the petition shall set forth not only the depen- 84 dency of the infant, but shall also show, that the parent or guardian is not a fit person to have the custody of such infant. Such petition shall be verified by oath, and upon being filed, the judge of said court shall have the female infant, named in the petition brought before him for the purpose of determining the application in said petition contained, and for the hearing of such petitions the county court shall be considered always open, j^rit and trial § 4, Upon the filing of such petition, the clerk of the court shall issue a writ to the sheriff of the county, directing him to bring such infant before the court to order a jury of six to be summoned, to ascertain whether such infant is a dependent, as alleged in such petition, and also to find if the other allegations are true, and if found to be such, they shall also find her age in their verdict, and when such infant shall be without counsel, it shall be the duty of the court to assign counsel for her ; and if the jury finds that the infant named in the peti- tion is a dependent girl, and that the other material facts set forth in the petition are true, and if, in the opinion of the judge, she is a fit person to be sent to an indus- trial school for girls, the judge shall enter an order that such infant be committed to an industrial school for girls in the county, if there be such school in the county ; but if there be no such school in the county, then to any industrial school for girls, elsewhere in the State, to be in such school kept and maintained until she arrives at the age of eighteen years, unless sooner discharged there- from in the manner hereinafter provided. Before the hearing aforesaid, notice shall be given to the parent or guardian of the infant, if to be found in the county, of the proceedings about to be instituted, and they may . appear and resist the same. Judgment. § 5, jf the court finds as in the preceding section, it shall further order of record, that such infant has no guardian; or that her guardian or parent is not a fit person to have the custody of such infant, as the case may be, and the court may thereupon appoint the presi- dent or any one of the vice-presidents of such industrial Guardian ^chool the lawful guardian of such infant, and no bond shall be required of such guardian, and such guardian shall permit such infant to be placed under the care and in the custody of such industrial school for girls as hereinafter provided. Warrant. § 6. A warrant shall thereupon be issued in duplicate by the clerk to some suitable person, a resident of the county, to be designated by the judge, authorizing him or her to take in charge and care, the dependent girl named in said order of the court, and convey her to the indus- trial school for girls to which she is to be committed, and said warrant shall be substantially as follows : 95 State of Illinois, I County. S The People of the State of Illinois to , You are hereby author- ized to take forthwith iato your charge and care , aged years, who has been declared a dependent eiil, and convey her to the i;as the ■case may be) Industrial School tor Girls, and of this warrant you are com- manded to make due return to this court after its execution. Witness my hand and seal of the county court of county, this day of A. D (Seal of Court. ."* Clerk of the county court of county. This warrant, with the receipt therein, shall be returned to the clerk, to be filed by him with the other papers re- lating to the case, and this warrant shall be a sufficient and competent authority for the proper officers and agents of the industrial school for girls, to which it is directed to receive, keep and detain the person therein named, and a duplicate copy thereof shall be delivered to the matron or other proper officer of such school, to be kept at the school by such matron or other proper officer, which duplicate shall have thereon a full copy of all -endorsements made upon the one returned to court, and be recorded by her in a book kept for that purpose, and said book shall always be open to the inspection of any person. § 7. Upon receiving the dependent girl, the matron of ihe school shall endorse upon the warrant referred to in the preceding section a receipt, as follows : (as the case may be) Industkial School foe Girls. Keceived this day of A. D , the girl named in this warrant. (Seal of School.) Matron. § 8. The fees for conveying a dependent girl to an in- Fees for con- dustrial school for girls, shall be the same as conveying school, a juvenile offender to the Eeform School for Juvenile Offenders, at Pontiac, in this State, and they shall be paid by the counties from which such dependent girls are sent, unless they are paid by the parent or guardian. § 9. It shall be the duty of the county judge to see Clothing, that every dependent girl committed by him to an indus- trial school for girls, shall, at the time she is conveyed to the school, be furnished with three chemises, three pairs of woolen stockings, one pair of shoes, two woolen petticoats or skirts, three good dresses, a cloak or shawl, and a suitable bonnet. The expense of said clothing shall l3e paid out of the county treasury upon the certificate of the county judge. But if the dependent girl have a ^pp^'^ • parent or guardian, the court shall render judgment against him for the amount to be paid the county for such clothing, together with cost of collection ; and if such expenses and cost of collection are recovered the money shall be paid into the county treasury. For the tuition, maintenance and care of dependent girls, the county from which they are sent shall pay to the industrial school for county to pay girls to which they may be committed, as follows : S6 For each dependent girl under the age of ten years, ten dollars per month. For each dependent girl ten years and under fourteen years of age, ten dollars per month. For each dependent girl fourteen and under eighteen years of age, ten dollars per month. And upon the proper officer rendering proper accounts therefor, quarterly, the county board shall allow and order the same paid out of the county treasury : Provided, that no charge shall be made against any county by any industrial school for girls on account of any dependent girl in the care thereof who has been by said school put out to a trade or em- ployment in the manner hereinafter provided. iiav?corftrof § officers and trustees of any industrial school 'for girls in this State, shall receive into such school all girls committed thereto under the provisions of this act, and shall have the exclusive custody, care and gaardian- ship of such girls. They shall provide for their support and comfort ; instruct them in such branches of useful knowledge as may be suited to their years and capacities, and shall cause them to be taught in domestic avocations, such as sewing, knitting, and housekeeping in all its departments. And for the purpose of their education and training, and that they may assist in their own support, they shall be required to pursue such tasks suitable to their years and sex, as may be prescribed by such officers and trustees. Adoption. § 11. Any girl committed under the provisions of this act to an industrial school for girls, may by the officers and trustees of said school be placed in the home of any good citizen upon such terms and for such purpose and time as may be agreed upon, or she may be given to any suitable person of good character who will adopt her, or a^jrentice.^^ ^® bound to any reputable citizen as an appren- tice to learn any trade, or as a servant to follow any employment which, in the judgment of said officers and trustees, will be for her advantage ; and all and singular of the provisions of the act entitled "An act to revise the law in relation to apprentices," approved February '25, 1874; in force July 1, 1874, in so far as they are appli- cable, shall apply to and be binding upon such officers and trustees, upon such girl and upon the person to whom such girl is bound : Provided, that any disposition made of any girl under this section shall not bind her beyond her minority: And, provided, further, that such officers and trustees shall have a supervising care over such girl to see that she is properly treated and cared for ; and in case such girl is cruelly treated, or is neglected, or the terms upon which she was committed to the care and ^ protection of any person are not observed, or in case such care and protection shall for any reason cease, then it £7 shall be the duty of such officers and trustees to take and receive such girl again into the custody, care and protec- tion of said industrial school. § 12. No imbecile, or idiotic girl, or one incapacitated gi.^,^"^^®^^^!!' for labor; nor any girl having any infectious, contagious, mftted.^ ^ or incurable disease, shall be committed or received into any industrial school for girls in this State. § 13. Any girl committed to an industrial school for Discharge, girls, under the provisions of this act, may be discharged therefrom at any time, in accordance with the rules thereof, when in the judgment of the officers and trustees, the good of the girl or good of the school would be pro- moted by such discharge, and the Governor may at any time order the discharge of any girl committed to an industrial school under the provisions of this act. § 14. All industrial schools for girls in this State visitation, shall be subject to the same visitation, inspection and supervision of the Board of State Commissioners of Public Charitie s, as the charitable and penal institutions of the State ; and avoiding, as far as practicable, sectarianism ; suitable provisions shall be made for the moral and reli- gious instruction of the inmates of all industrial schools for girls in this State. But no such industrial school shall receive an appropriation from the State for any pur- pose, and any school receiving an appropriation from the State shall not have the benefit of the provisions of this act. [Approved May 28, 1879.] INDUSTRIAL SCHOOL FOR BOYS. An Act to provide for and aid Training -Schools for Boys. Section 1. Be it enacted hy the People of the State of Illi- .Organiza- nois, represented in the General Assembly, That any seven or^^°^^' more persons, residents of this State, who may organize, or have organized under the general laws of the State relating to corporations, for the purpose of establishing, maintaining and carrying on a training-school for boys, shall have, under the corporate name assumed, all the powers, rights and privileges of corporations of this State, not for pecuniary profit : Provided, however, that any per- sons organized, or who may hereafter organize as above set forth, desiring to avail themselves of the provisions of this act, shall first obtain the consent of the Governor thereto, in writing, which consent must be filed in the office of the Secretary of State. § 2. The object of training-schools for boys shall be to Object, main, provide a home and proper training-school for such boys*®"^'^'^^' 93 as may be committed to their charge; and they shall be- maintained by the voluntary contributions, excepting as hereinafter provided. , Petition for § 3. Any responsible person, a resident of any county inquiry. ^^^^^ State, may petition the county court, or any court of record of said county, to inquire mto tlae alleged de- pendency of any boy then within the county, and every boy who shall come within the following description shall be considered a dependent boy, viz : Every boy who fre- quents any street, alley,, or other place, for the purpose of begging or receiving alms ; or who shall have no per- manent place of abode, proper parental care or guard- ianship, or sufficient means of subsistence ; or who, from other cause, shall be a wanderer through streets and alleys, or other public places ; or who shall live with, or frequent the company of, or consort with, reputed thieves or other vicious persons. The petition shall also state the name of the father and mother of the boy, if living and if known, or if either be dead, the name of the sur- vivor, if known ; and if neither the father nor mother of the boy be living, or to be found in the county, or their names to be ascertained, then the name of the guardian, if there be one. If there be a parent living whose name can be ascertained, or a guardian, the pe- tition shall set forth not only the dependency of the boy, but shall also show that the parents or parent or guard- ian are or is not fit persons or person to have the cus- tody of such boy. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed the judge of the court shall have the boy named in the petition brought [before him for the purpose of determin- ing the application in said petition contained, and for the hearing of such petitions, the county court shall be considered always open. § 4. Upon the filing of such petition, the clerk of the Writ. court shall issue a writ to the sheriff of the county, di- recting him to bring such boy before the court, to order a jury to be summoned to ascertain whether such boy is a dependent as alleged in said petition, and also to find if the other allegations are true, and if found to be such, they shall also find his age in their verdict; and when such boy shall be without counsel, it shall be the duty of the court to assign counsel for him ; and if the jury shall find that the boy named in the petition is a dependent boy, and that the other material facts set forth in the petition are true, and if in the opinion of the judge he is a fit person to be sent to a training-school for boys, the judge shall enter an order that such boy be commit- Order of ^ training-school for boys in the county, if there judge. be such in the county ; bat if there be no such school in the county, then to any training-school for boys else- where in the State, to be in such school kept and main- tained until he shall arrive at the age of 21 years, unless 99 sooner discharged therefrom, in the manner hereinafter provided. Before the hearing aforesaid, notice shall be given to the parents or parent or guardian of the boy, if to be fomid in the county, and also to the chairman of the county board of the county, of the proceedings about to be instituted, and they may appear and resist the same. § 5. If the court finds as in the preceding section, it Guardian, shall further order of record that such boy has no guar- dian, or that his guardian or parents or parent is or are not fit person or persons to have the custody of such boy, as the case may be, and the court shall thereupon ap- point a guardian of the custody and tuition of such boy, ' and no bond shall be required of such guardian, and such guardian shall permit such boy to be placed under the care and in the custody of such training school for boys as herein provided. § 6. A warrant shall thereupon be issued in duplicate Warrant, by the clerk to some suitable person, a resident of the » State, to be designated by the judge, authorizing him or her to take in charge and care the dependent boy named in said order, and convey him to the training school for boys to which he is to be committed, and said warrant shall be substantially as follows : STATE OF ILLINOIS, ) Vss. County. ) The People of the State of Illinois, to ; You are hereby authorized to take forthwith into your charge and care aged years, who has been declared a dependent boy, and convey him to the (as the case may be) training school for boys, and of this warrant you are commanded to make due return to this court after its execution. Witness my hand and the seal of the court of county, this day of.... A. D ^ [Seal of court.] Clerk of Court of county. This warrant, with the receipt thereon, shall be re- turned to the clerk, to be filed by him with the other papers relating to the case, and this warrant shall be a sufficient and competent authority for the proper ofiicers and agents of the training school for boys to which it is directed, to receive, keep and detain the person therein named, and a duplicate copy thereof shall be delivered to the superintendent or other proper officer of such school, to be kept by him at the school, which duplicate shall have thereon a full copy of all endorsements made upon the one returned to court, and to be recorded by him in a book kept for that purpose, and said book shall always be open to the inspection of any person. § 7. Upon receiving the dependent boy, the superin- tendent of the school shall endorse upon tliQ. warrant re- ferred to in the preceding section a receipt as follows : 100 .(as the case may be), Training School for Boys. Received this day of A. D. 18... the boy named in this warrant. [Seal of school.] , Superintendent. veyinl^boy to § The fees for conveying a dependent boy to a the school, training school for boys shall be the same as for convey- ing a juvenile offender to the Keform School for Juvenile offenders at Pontiac, in this State, and they shall be paid by the counties from which such dependent boys are sent, unless they are paid by the parent or guardian. ma?ntenanc^^ ^ ^' clothing, tuition, maintenance and care of main enance. ^q^q^^^qyiI boys, the county from which they are sent shall pay to the training school for boys to which they may be committed as follows : For each dependent boy under the age of ten years, eight dollars ($8) per month ; for each dependent boy over ten and under fourteen years of age, seven dollars ($7) per month ; for each crippled and disabled boy of any age, nine dollars ($9) per month. ' And upon the proper officer rendering proper accounts therefor, quarterly, the county board shall allow and order the same paid out of the county treasury. Provided, that no charge shall be made against any county by any train- ing school for boys on account of any dependent boy. in the care thereof who shall have been by said school put out to a trade or employment, or for adoption after he shall have been, and as long as he shall remain so put out. Provided, that no charge shall be made against any county for the support and maintenance of such boy or boys, unless the county from which said boy or boys shall come shall first have contracted with said training school for boys, for the support and maintenance of said boy or boys. Instruction. § -0. The officers and managers of any training school for boys in this State shall receive into such school all boys not idiotic and not afflicted with a contagious disease committed thereto under the provisions of this act, shall have the exclusive custody, care and guardianship of such boys, shall provide for their support and comfort, instruct them in such branches of useful knowledge as may be suited to their years and capacities, and shall cause them to be taught or trained in some trade or industrial pur- suit. And for the purpose of their education and train- ing, and that they may assist in their own support, they shall be required to perform such tasks suitable to their years and sex as may be prescribed by such officers and managers, and as may be reasonable and proper. § 11. Any boy committed under the provisions of this act to a training school for boys, may, by the officers and managers of said school, be placed in the home of any good citizen, upon such terms and for such purpose and time as may be agreed upon, or he may be given to any 101 suitable person of good character who will adopt him, or ^^^