.•<
 
 DIGEST 
 
 OF thf: 
 
 LAWS OF ILLINOIS, 
 
 RELATING TO 
 
 COMMON SCHOOLS AND SCHOOL LANDS; 
 
 TO WHICH IS ADDED, AJJ 
 
 APPENDIX OF INSTRUCTIONS AND FORMS: 
 
 PREFAREO UNDER THE DIRECTION OF A JOINT COMMITTEE OF THE GENERAL ASSEMBLY. 
 
 BY WILLIAM THOMAS, 
 
 A SENATOR FROM THE COUNTY OF MORGAN, AND A MEMBER OF THE SAID COMMITTEE. 
 
 VANDALIA: 
 J. Y. SAWYER, PUBLIC PRINTER. 
 
 1835.
 
 /'; 
 
 Of the Laws of Illinois^ relating to Common Schools and 
 
 School Lands. 
 
 JOINT RESOLUTION, ADOPTED JANUARY 27, 1835. 
 
 Resolved by the Senate and House of Representatives, That a Joint resolution 
 Joint Select Committee of two from the Senate, and three from directing the 
 the House of Representatives, be appointed to digest and publish, anduubilcation 
 in pamphlet form, the present School Laws, with such amendments of this digest, 
 as the present Legislature may engraft thereon ; to be distributed 
 among the several School Districts in this State. 
 
 [The following extracts, taken from the ordinance adopt- 
 ed by the Convention of the State of Illinois, show what Ordinance of 
 Lands have been srranted to the State for purposes of Edu- }?^^- 
 
 J iU * r xu X 1 t- r Grants made to 
 
 cation; and the terms oi the grant:] the State by 
 
 Congress for the 
 
 Wherkas, the Congress of the United States, in the purposes of 
 act, entitled "An act to enable the people of the Illinois ««^"<^*''0"' 
 Territory to form a Constitution and State Government, 
 and for the admission of such State in the Union, on an 
 equal footing with the original States, passed the 1 8th April, 
 1818," have offered to this Convention, for their free ac- 
 ceptance or rejection, the following propositions, which, if 
 accepted by the Convention, are to be obligatory upon the 
 United States, viz: 
 
 "1st. The section numbered sixteen in every township, 
 and when such section has been sold, or otherwise dispo- 
 sed of, other land equivalent thereto, and as contiguous as 
 may be, shall be granted to the State for the use of the in- 
 habitants of such township for the use of schools. 
 
 "2d. That all salt springs within such State, and the 
 lands reserved for the use of the same, shall be granted to 
 the said State for the use of the said State, and the same 
 to be used under such terms and conditions, and regula- 
 tions, as the legislature of said State shall direct: Provi' 
 ded, the legislature shall never sell nor lease the same for 
 a longer period than ten years at any one time. 
 
 "3d. That five per cent, of the net proceeds of the 
 lands lying within such State, and which shall be sold by 
 Congress from and after the first day of January, one thou- 
 sand eight hundred and nineteen, after deducting all expen- 
 ses incident to the same, shall be reserved for the purpose
 
 G 
 
 Term of ser- 
 vice. 
 
 Declared a bo- 
 dy corporate. 
 
 Oath. 
 
 May lease for 
 ten years. 
 
 On the best 
 terms.. 
 
 Lessees com- 
 mitting waste, 
 liable to an ac 
 lion. 
 
 trustees of the school lands; said court shall fill vacancies 
 that may occur in said board of trustees; and said trustees, 
 when appointed, shall hold their o'ffice for four years, and 
 until their successors are appointed and qualified to office. 
 
 Sec. 2. Said trustees shall be a body politic and corpo- 
 rate, and may sue and be sued by the name and description 
 aforesaid, in any court in this'State. They shall, before 
 entering upon the duties of their office, take an oath, well 
 and truly and faithfully to execute the duties of trustees of 
 the school lands for said township, so far as relates to the 
 sixteenth section thereof, according to law, agreeably to 
 the best of their understanding; which oath shall be ad- 
 ministered by some justice of the peace, and shall be en- 
 dorsed on their certificate of appointment. 
 
 Sec. 5. The trustees, or a majority of them, shall have 
 power to lease any of said lots, except such as may be re- 
 served as aforesaid, to any person or persons wishing to 
 lease the same, for such term of time as they may think 
 proper, not exceeding ten years, and upon such terms as 
 they may think most conducive to the interest of the town- 
 ship: Provided^ That said trustees shall advertise the leas- 
 ing of sueh lands for at least four weeks, in four of the most 
 public places of the township, previous to the making any 
 lease; and said trustees shall lease said lands to the persons 
 offering the best terms; and shall, or a majority of them, 
 make and execute leases to the persons to whom they may 
 let such lands. Said leases shall be conditioned to use the 
 lands in a husband-like manner, and not to commit or suffer 
 waste thereon, and to pay said trustees at the end of each 
 year, the amount of money or rent agreed upon in said 
 lease. [This section, although repealed by the "act requi- 
 ring the auditor to issue his warrant on the treasury for 
 school purposes," approved, 22d January, 1829, was revi- 
 ved by the 3d section of the act of 15th February, 1831, 
 (vide post,) so far as related to lands which had been leased 
 previous to that time. See, further, the act of 22d Febru- 
 ary, 1833, confirming such leases, joo5^] 
 
 Sec. 6. If any lessee, his, her, or their heirs or assigns, or 
 any other person or persons, shall cut down or destroy any 
 more timber than may be necessary for the improvement 
 and cultivation of the lot so leased; or shall do any damage 
 to said leased premises, or commit any unnecessary waste 
 thereon, or cut or take from off the same, any timber from 
 the lot so reserved, without first obtaining the order of the 
 trustees of such township, every such lessee, or person 
 claiming under him, and all other persons offending, shall 
 be liable to the said trustees in an action of damages; and 
 every lessee violating the provisions of this act, upon con- 
 viction thereof, shall forfeit his or her lease.
 
 Sec. 9. When any township lies partly in one county and Where town- 
 partly in another, or others, the business of said township, P'"'^ ''^^ partly 
 
 ^ r '^ 1 I 11111 • I II 1 i^' in one county, 
 
 so tar as relates to the school lands therein, shall be trans- partly in an- 
 acted under the direction of the commissioners' court of other. 
 the county which contains the greater portion of the school 
 lands in said township. 
 
 Sec. 10. The said trustees shall have power, whenever Trustees may 
 they deem it expedient, to appoint and discharge at plea- ^PPO''" ^ <;ierk 
 sure, a clerk and treasurer. The clerk shall record the of- tu • . j • 
 ficial proceedings of the said trustees, file dnd preserve 
 such papers as they may direct, and furnish the treasurer, 
 from time to time, with a statement of the debts and mo- 
 neys which such treasurer may be authorized to receive. 
 Such clerk shall, on the first day of the county commis- 
 sioners' court, at their June term, annually, transmit a copy 
 of the proceedings of said trustees, of the past year, to said 
 court. The treasurer shall give bond, in such penalty as 
 the trustees shall prescribe; with approved security, paya- 
 ble to them and their successors in office, conditioned that 
 the said treasurer shall faithfully perform the duties of his 
 office, account for and pay over all moneys he may have 
 in his possession, in pursuance of any order given by a 
 majority of said trustees. It shall be the duty of said trea- 
 surer to receive all moneys due for rent, or in any other 
 way accruing to the school fund of said township, to keep 
 fair and regular accounts, and shall exhibit his books to a ma- 
 jority of said trustees, whenever they shall require the same. 
 
 Sec. 14. Upon the death or resignation of any trustee. Death orresig- 
 appointed under the provisions of this-act, the survivor or nation of trus- 
 survivors, shall do and perform all the duties required of '*^®^* 
 such trustees, until successors be appointed. 
 
 Sec. 15. The trustees, clerk, and treasurer, appointed Compensation 
 under the provisions of this act, for their services perform- ^° tiustees, &,c. 
 ed, shall be allowed a reasonable compensation, paid out of 
 the school fund of the township in which they reside, as the 
 county commissioners' court may direct, or as the citizens 
 of the township may otherwise provide for. 
 
 Sec. 16. An act relating to the lands reserved for the Acts repealed, 
 use of schools, approved, March 2, 1819; the act providing 
 for persons settled on the school lands, approved, March 
 24, 1819, are hereby repealed: Pi'ovided, That all leases, 
 surveys, and all other lawful acts, heretofore made by the 
 trustees of the school lands in each township; and all trus- 
 tees heretofore appointed that have discharged the duties 
 of their office, shall continue in office for the term of time 
 for which they were appointed; and all rights acquired un- 
 der the act hereby repealed, shall be of the same validity, 
 and shall be settled in the same manner as though this act 
 had not been passed. Approved, Feb. 17, 1827.
 
 8 
 
 Act of. January yliV ACT aulhovhing the. Sale of Sections numhered Six- 
 ' teen^ or such Lands as may he granted in lieu thereof to 
 
 the inhabitants of snch townships for the use of Schools, 
 
 Commissioner Sec. 2. It shall be the duty of the county commissioners' 
 count*"*shair*' coui't of each and every county, on proclamation being 
 be appointed, made as aforesaid, to appoint some good, competent and 
 responsible person of the county, to act as commissioner 
 and agent for the inhabitants of the county, and who shall, 
 at all times, while acting as commissioner, reside in the 
 Shall give county; and before entering upon the duties of his office, 
 bond. he shall give bond and security in the sum of twelve thou- 
 
 sand dollars, by three or more responsible freeholders, con- 
 ditioned for the faithful performance of all the duties re- 
 quired by this act, or which may hereafter be required and 
 enjoined on him by law; which bond shall be drawn in the 
 name of, and payable to, the county commissioners of the 
 county, or their successors in office, for the use of the in- 
 habitants of the county, and of each and every congres- 
 sional township therein; and which bond, when broken, 
 How sued up- may be prosecuted, and sued upon, and judgment thereon 
 on- rendered against the principal and securities, either jointly 
 
 or severally, for the sum found due, in any court having 
 jurisdiction thereof, for the use of the inhabitants of any 
 township to whom the same may of right belong. 
 
 [That part of this section which makes the appointment 
 of the school commissioner await the proclamation of the 
 Governor, is repealed. See 1st Sec. of the Act of 1831.] 
 
 Sec. 3. When it shall appear necessary for the better 
 securing and managing the funds or moneys, which shall 
 come into the hands of any commissioner so appointed, the 
 commissioners' court may require additional security, in 
 the sum aforesaid, or any other sum they shall deem right; 
 and for any good cause, such as misapplication of the mo- 
 ney, neglect of duty, or failure to give the necessary infor- 
 mation of the loans made, or transaction of the business 
 committed to his care, when required, the commissioners' 
 court may remove him from office, and in that case, or in 
 case of death, or resignation, appoint another, and require 
 bond and security as aforesaid; and all bonds given as 
 aforesaid, shall be filed in the commissioners' court of the 
 proper county, and an entry of record made of all such ap- 
 pointments, removals, and bonds given, the amount, the 
 time when executed and delivered, and the names of the 
 securities, and a certificate of appointment shall be made 
 out, with the seal of the court affixed, and a certificate of 
 the clerk, and handed over to the commissioner so ap- 
 pointed. 
 
 Additional se- 
 curity may be 
 required. 
 
 How removed 
 from office. 
 
 Certificate of 
 appointment.
 
 9 
 
 Sec. 4. It shall be the duty of such commissioner or Commissioner 
 agent, to procure well bound books, in which, previous to coid^^^ ^ ^^' 
 making sale of any school lands, he sliall make a record of 
 -his appointment, or commission, and of all the school lands 
 in his county, as contemplated in this act, in a clear and ^ 
 
 comprehensive manner, designating the Congressional 
 townships, ranges, sections, and numbers of acres in each 
 section. 
 
 Sec. 5. When the inhabitants of any Congressional town- The iuhabi- 
 ship shall be desirous to sell and dispose of section num- 'f"'^ °' ^°"'"". 
 
 i^ . Ill 1 ^ 1 11 1 1 1 • shjps may petj- 
 
 bered sixteen, or such lands as have or shall be selected m uon commis- 
 lieu thereof, granted for the use of the inhabitants, for the sioner. 
 use of schools, they shall make their wish known to the 
 said commissioner, by a petition in writing, w^hich shall be 
 signed by at least nine-tenths of the freeholders and house- 
 holders of the township, and which shall be signed public- 
 ly, and of their own free will and accord, at any place in 
 the township at which they may assemble, or otherwise, 
 and which shall be done in the presence of at least two Pvoof of sign- 
 good citizens of the township, and shall make oath that ing. 
 said individuals signed said petition freely, and that the 
 true intent and meaning thereof was made known and ex- 
 plained to them previous to signing, which oath shall be in 
 writing, signed by the persons making the same, on the pe- 
 tition, or the same shall be annexed thereto. 
 
 [So much of this section as requires nine-tenths of the 
 freeholders and householders of the township to petition 
 before the land can be sold, is repealed. See Sec. 1st of 
 the Act of 1831.] 
 
 Sec. 6. Upon petition as aforesaid, and it appearing to Upon which 
 the satisfaction of the commissioner that nine-tenths of the f^'^- 16 may be 
 citizens of the township, as above, have signed said petition °° 
 fairly and freely, he shall proceed and advertise the land 
 for sale, giving at least forty days' notice previous to sell- 
 ing, particularly describing the land, the time when, and 
 the place where, to be sold, by posting up written or print- Notice thereof, 
 ed notices in six of the most public places in the county, 
 and likewise by publishing the same in som'fe newspaper, 
 the nearest to the land, either in the State, or any adjoin- 
 ing State, as said commissioner shall deem best; and all 
 such lands shall be offered and sold at public vendue, at the 
 seat of justice of the county in which the land shall He, ^v^^en and 
 and during the sitting of the Circuit Court, or the time said ^^^'^''^ *°^*^" 
 court ought to be in session, should the court not sit at the 
 time stated by law, and in no case shall he offer a greater 
 quantity than eighty acres, or a half quarter section, in one 
 lot; and all subdivisions of tracts shall be made and sold as 
 now directed and observed by the United States in selling 
 public lands, by lines north and south, and all sales shall be
 
 10 
 
 Price. 
 
 Payment. 
 
 Certificate of 
 sale and paj'- 
 ment. 
 
 Default of pay- 
 ment and sec- 
 ond sale. 
 
 Diffeience to 
 be paid by first 
 purchaser. 
 
 Report to coun* 
 ty commission- 
 ers' court. 
 
 Report to the 
 Auditor. 
 
 conducted openly and fairly, between the hours of nine 
 in the morning, and six o'clock in the evening, and 
 may be adjourned from day to day, during the session 
 of the court. The comriiissioner shall cry (or cause the 
 same to be done,) the tract distinctly, and give a reasona- 
 ble time for persons to bid, and the same shall be stricken 
 oft' and sold to the highest bidder, and set down to him: 
 Provided, That the sum bid shall amount to one dollar and 
 twenty-five cents per acre; if that sum be not offered, no 
 sale of such tract shall take place, but the same shall be set 
 down and noted unsold. 
 
 [So much of this section as requires the petition to sell, 
 to be signed by nine-tenths of the citizens of the township, 
 and so m-uch as directs the manner of subdividing the sec- 
 tions, and fixes the price at which lands may be sold, and 
 so much as requires sales to be made during the sitting of 
 the Circuit Court, is repealed.] 
 
 Sec. 7. The purchaser shall, during the day on which he 
 purchases, or on the morning before the next day's sale 
 commences, pay to the commissioner, in gold or silver 
 coin, or notes of the Bank of the United States, the amount 
 of the land, or lands, so by him purchased; whereupon said 
 commissioner shall give him a certificate, or receipt, sta- 
 ting the land particularly, the price sold for, r.nd the pur- 
 chaser's name and place of residence. If any person shall 
 purchase any tract, and not pay the money as above sea- 
 ted, the same shall be again offered, and if, on a second sale, 
 the same shall not sell for so great a sum as at the first sale, 
 the person so bidding off said tract, and not paying for it, 
 shall be liable for the difference between the first and sec- 
 ond sale, to be recovered for the use of the township, in 
 the name of the said commissioner, vhose duty it shall be 
 to prosecute and sue for the same in any court having juris- 
 diction thereof. 
 
 Sec. 8. Said commissioner shall make to the commis- 
 sioners' court of his county, at every regular term thereof, 
 a true statement or return in writing, of all the lands so 
 from time to time sold, particularly describing the land, 
 number of acres, section, township and range, price per 
 acre for which the same was sold, the time when sold, and 
 the name and place of residence of the purchaser, which 
 shall be recorded in the said court in a well bound book, 
 and the original shall be carefully filed and preserved in 
 the said court; and said commissioners shall, in like man- 
 ner, make out and forward, by mail, every three months, 
 to the Auditor of Public Accounts, a similar statement and 
 return, which shall be recorded in like manner by said 
 Auditor, and the return filed and preserved. And it shall 
 be the dutv of the Auditor to make out, in the name of the
 
 n 
 
 Governor, and the same shall be signed by the Governor, 
 the Seal of State affixed by the Secretary of State, and the 
 same shall be countersigned by the Auditor, patents for the Patents shall 
 land so sold, or lands sold at private sale, after being first '^"®" 
 offered at public sale, which shall completely vest in the 
 purchaser, or purchasers, the fee simple, a sure, perfect, 
 and absolute title to the land so purchased and patented; 
 and the Auditor, after having made an entry of the date 
 thereof, shall forward the same to the said commissioner, 
 to be by him delivered to the person or persons entitled 
 thereto, on presentation and surrender of the oi'iginal cer- 
 tificate, or receipt, given to such person or persons, which 
 receipts shall be filed and preserved by said commissioner. 
 
 Sec. 9. It shall be the duty of the Auditor of Public Ac- Auditor and 
 counts, and the Secretary of State, on request, to give, offi- Secretary of 
 cially, to any commissioner so appointed in any county, '^'^^®- 
 information respecting the school lands in the county, so 
 far as they are enabled so to do from the records and do- 
 ments in their respective offices. 
 
 Sec. 10. It shall be the duty of each and every commis- Commissioner 
 sioner so appointed, to make a complete record, in a well ^° ^^^P °- ^^' 
 bound book, or books, of all petitions, signers' names, &c. 
 presented, praying for the sale of such school lands, when 
 he shall be clearly of the opinion that the same has been 
 fairly obtained, and signed by the number of citizens above 
 stated, and he shall determine to proceed to advertise and 
 sell; and also a record of all sales made, describing the What it thali 
 land particularly, the price sold for, the time when sold, <^°"'^'"- 
 the purchaser's name and place of residence, in a clear and 
 concise manner, in order to perpetuate and preserve the 
 title; and he shall make an entry, in a well bound book, of 
 all mone\'s by him received on sales of land, and shall keep 
 the money and interest arising therefrom on loans made, 
 of every township separate and distinct, and shall loan the Loans of mo- 
 same in like manner, and in all mortgages and notes taken, "^y- 
 the same shall state to what township the same belongs; 
 he shall loan all the moneys which shall come into his pos- 
 session, for the best and highest interest he can get, and 
 securing the same by taking good personal security, or by Secured by note 
 
 1 1 I • 1 1 • 1 11 1 r or mortgage. 
 
 mortgage on real estate, and which letting shall be tor one 
 year, or a term of years, not exceeding five ; and all sums 
 loaned, viz: ojfie hundred dollars, or any sum under that, 
 may be secured by the borrower giving a note, with two 
 or more good responsible freeholders, as sureties, who 
 shall sign, and be considered in all respects as principals. 
 Sums over one hundred dollars shall be secured by mort- 
 gage on real estate, the title of which shall be clear, unin- 
 cumbered, and indisputable, in value treble the amount so 
 loaned; and it shall be expressed in all mortgages and notesy
 
 Additional se- that when additional security shall be required, that the 
 '^""*^" same shall be given to the satisfaction of the commissioner; 
 
 all mortgages and notes shall be drawn in the name of, and 
 payable to said commissioner, or his successor in office, for 
 the use of the inhabitants of the township to which the mo- 
 ney so loaned properly belongs; and the interest agreed 
 on shall be expressed and required to be paid punctually 
 paid every year, at the time specified, and which interest 
 Interest paya- shall be paid over by said commissioner, annually, to the 
 bieyeari}'. trustees, or such person or persons of the township to 
 which it belongs, as the county commissioners shall ap- 
 point, and under the regulations and restrictions the 
 said court shall deem right, and make known, relating to 
 the distribution of said interest, the principal remaining en- 
 tire, and not in any case diminished. 
 
 [So much of this section as requires the commissioner to 
 loan the money for the best and highest interest he can get, 
 is repealed; and the rate of interest is to be fixed by the 
 commissioners' court. See 7th Section of the Act of 1 831.] 
 Private sales of Sec. 11. All lands which shall not be sold at public sale, 
 land. and no sale shall be made until the same shall have been 
 
 first offered publicly, may be purchased of said commis- 
 Prjce. sioner, at private sale, at one dollar and twenty-five cents 
 
 per acre, cash down; and the commissioner of each and 
 every county is hereby empowered and authorized to bring 
 suit, and prosecute, on all contracts made by virtue of his 
 office, when the same becomes necessary; and he shall be 
 allowed such compensation for services rendered under 
 this act, and expenses incurred, as the county commission- 
 ers of his co.unty shall deem just. 
 
 [So much of this section as relates to the price at which 
 land may be sold, is repealed. See 5th Section of the Act 
 of 1831.]- 
 
 In force from its passage. 
 
 Approved, January 22, 1829. 
 
 Act of Feb. 15, AN ACT to amend an act, entitled an act authorizing the 
 ^^^^' sale of Sections numbered Sixteen, or such Lands as may 
 
 he granted in lieu thereof to the inhabitants of such town- 
 ships for the use of Schools. 
 
 Certain acts Sec. 1. Be it enacted by the people of the State of Illinois, 
 
 repealed. represented in the General Assembly, That the first section 
 
 of the act, entitled "An act authorizing the sale of sections 
 
 numbered sixteen, or such land as may be granted in lieu
 
 i:5 
 
 thereof to the inhabitants of such townships, for the use of 
 schools," approved, January 22, 1829; and so much of the 
 second section of said act as makes it imperative for the 
 county commissioners of each and every county to wait 
 for a proclamation by the Governor, before they shall ap- 
 point a commissioner or agent for the inhabitants of the 
 county; and so much of the fifth section of said act as re- 
 quires nine-tenths of the freeholders and householders of 
 the township to petition before the land can be sold; and 
 such other parts of the above recited act, as are inconsis- 
 tent with the provisions of this act, be, and the same are 
 hereby repealed. 
 
 Sec. 2. The county commissioners' court of each and County com- 
 every organized county shall, at any regular term, pro- missioners' 
 ceed to select and appoint the commissioner of the coun-'^^""\°^PP°'"' 
 ty, and require bond, or bonds, as stipulated in the act to 
 which this is an amendment; and all other provisions and 
 stipulations in said act shall be carried into effect, sales 
 made, and patents issued, as fully as if government had as- 
 sented to the sale, and the sales made as aforesaid, shall be 
 valid: Provided^ That no land shall be sold unless peti- Lands not to be 
 tioned for, as pointed out in the act hereby amended, by ^°^^' unless 
 three-fourths of the white male inhabitants in the town- inhabitants pe- 
 ship, over twenty-one years of age: And provided^ «Z50, tition. 
 That no sale of such lands shall be made in any township, 
 unless the same contains at least fifty white inhabitants. 
 
 Sec. 3. Hereafter it shall be the duty of the county com- County com- 
 missioners' court of the several counties, to appoint trus- missioners' 
 tees in each township, as provided for by an act relating to tni'stee^*''^^'"' 
 school lands, approved, February 17, 1827; and said trus- 
 tees, when so appointed, shall be required to do and per- 
 form so much of the duties of trustees set forth by that 
 act, as will be conducive to the advancement of common 
 schools, in their township. And the said act is hereby re- 
 vived and made to be in force hereafter, for the regulation 
 of their proceedings in all cases where the school lands 
 have been, or may be hereafter leased; and said trustees Their duties, 
 shall perform all other duties required by this act: Provi- 
 ded, That in no case shall said trustees lease out any school 
 lands which have not heretofore been leased. 
 
 Sec. 4. Whenever three-fourths of the legal voters of the Lan-i to be va- 
 township shall petition the commissioner to sell the school i^ed. 
 lands in the township, the trustees shall proceed, previous 
 to the lands being offered, to value each half quarter, or 
 other smaller subdivision, if they shall deem it advantage- 
 ous to sell in smaller quantities, and shall make out a a map Maps to be 
 of the said school lands, with the several tracts marked "'ade. 
 and numbered thereon, as proposed by them to be offered, 
 with a certified statement of the valuation per acre, of each
 
 14 
 
 Commissionei* 
 to keep book. 
 
 Kow sales shall 
 bu conducted. 
 
 Leases to be 
 respected. 
 
 Claimaat un- 
 der lease, to 
 give notice. 
 
 Mone)- to be 
 loa:u'd. 
 
 Con?:iiistiou- 
 er's return. 
 
 particulai- tract, and the number of acres contained there- 
 in, (assuming six hundred and forty for the contents of the 
 section;) wliich map and valuation shall be filed with the 
 commissioner appointed for selling the land, who shall re- 
 cord the same in a book to be kept by him for that pur- 
 pose: Provided^ That no tract shall be valued at a less 
 price than one dollar and twenty-five cents per acre. 
 
 Sec. 5. When any commissioner, appointed and qualifi- 
 ed by law, shall receive the petition of three-fourths of the 
 legal, voters of any township, as provided for, and the map 
 and valuation of the trustees, as required in the preceding 
 section, he shall proceed in the same manner as required in 
 the act to which this is an amendment, except that the same 
 shall be offered in tracts as designated on the map filed by 
 the trustees; and no tract shall be sold unless the bid shall 
 amount to the valuation thereof, as certified by the trus- 
 tees; and in case that sum is not bid, it shall be noted down 
 as not sold, and may be purchased thereafter by any per- 
 son at the aforesaid valuation, and the purchaser, whether 
 being the highest bidder or otherwise, shall pay for the 
 same in cash, at the time of making the purchase, and the 
 commissioner shall proceed as now required by law. 
 
 Sec. 6. In all cases where the inhabitants of any town- 
 ship petition the commissioner to sell their school lands, 
 and there should be any legal holders of leases on any part 
 of said land, that part shall remain unsold, unless the trus- 
 tees can make a contract with such lessee to relinquish his 
 lease, not paying to exceed one half the interest that would 
 accrue from the amount that would be obtained from the 
 sale of such land; and in all cases where any tract of land 
 shall be advertised for sale by any commissioner, whereon 
 there is a lease or any other incumbrance, it shall be the 
 duty of the claimant, previous to the day of sale, to deliver 
 to the commissioner a statement of his claim, with a copy 
 of the vouchers that entitle him to it; and if they are such 
 as to give him any legal claim whatever, said commissioner 
 shall give notice thereof to the trustees, and if the claim is 
 not removed previous to the day of sale, the same shall not 
 be offered at that time. 
 
 Sec. 7. The county commissioners' courts of the several 
 counties in this State, shall be authorized to establish a rate 
 of interest at which school funds shall be loaned, and to 
 make such rules and regulations for the safety and useful- 
 ness of the same in their counties, as are necessary to cause 
 a judicious and equitable distribution of the interest arising 
 from the same; and the commissioner, at each regular term 
 of said court, shall be required when making return as now 
 required by law, also to make return of his other transac- 
 tions, specifying the bonds, notes, and all other obligations
 
 15 
 
 for money, or interest on money, or other property, that he 
 may have received; also, a statement of all moneys recei- 
 ved, and the person or persons by whom the same was paid, 
 and whether for interest, or principal, or purchase money ; 
 also of all moneys paid or loaned out, and to whom the 
 same was paid or loaned, and the rate of interest payable 
 on each one ; and he sliall present to said court, annually, a 
 statement of all interest paid to him, (keeping the accounts Annual statc- 
 and funds of each township separate at all times) and a sum- mem. 
 mary statement of the manner proposed for the distribution , 
 
 thereof, and if approved by the court, they shall order the 
 same to be paid to the treasurer of the several townships to 
 which the same belongs. 
 
 Sec. 8. Whenever any commissioner appointed to sell Commissioner 
 school lands shall resign, refuse to act, or be succeeded by ^'^/^^Jlfl'^^^°^' 
 the appointment of another person, he shall immediately de- \l gfv"^i,p pa,' 
 liver over to the clerk of the county commissioners' court pcrs. 
 of the county, all books, notes, bonds, and other papers, ap- 
 pertaining to said office, and said clerk shall give him a re- 
 ceipt for them ; and upon failure to perform the same,when 
 required so to do, by a notice from the commissioners' 
 court, and served by the sheriff, he shall be liable to indict- 
 ment, and upon conviction shall forfeit and pay a fine, not 
 exceeding five hundred dollai's, for the use of the county 
 where such conviction is had, and be liable for all other pe- 
 nalties and forfeitures incurred by any other neglect of his 
 duty ; and the clerk receiving such books and papers shall, 
 as soon as the successor of said commissioner is qualified, 
 deliver to him the books, and all other papers, and take his 
 receipt for the same ; and in case of the death of any per- 
 son holding the office of commissioner, his executors or ad- Executoi-s or 
 ministratQrs shall be required to make the delivery of the of llec'.^'s^d'''^ 
 books and papers as aforesaid, under the penalties above commissioner 
 provided. Approved, Jan. 22, 1829. Approved, Feb. 15, tog'^e "P P^- 
 1831. In force from its passage, ^ ' ' 
 
 AN ACT to provide for the application of the Interest ofAct of March 
 the Fund arising from the sale of the School Lands belong- ^i ^^'^•^• 
 ing to the several Townships in this State. 
 
 Sec. 1. Be it enacted by the people of the State of Illinois, l^"'y of school 
 represented in the General Assembly, That every school j^ relation to 
 commissioner who shall, on the second Monday of Novem- the interest de- 
 bar next, have in his possession any amount of the interest "^'^^ from the 
 derived from the proceeds of the sales of the school lands, {^^L. 
 of any township within his county, if such interest shall 
 not be wanted to pay the expenses incident to the survey
 
 16 
 
 Teachers when 
 entitled to their 
 portion of saifl 
 interest. 
 
 Jtlinployeis of 
 teachers when 
 to meet. 
 
 Notice. 
 
 Shall appoint 
 trustees. 
 
 Duties of said 
 trustees. 
 
 and sale of the school lands of such township, and the ma- 
 nagement of the funds arising therefrom, shall, on that day, 
 or within one week thereafter, proceed to apportion the 
 same among the teachers, who, by the provisions of this 
 act, shall be entitled to the same. 
 
 Sec. 2. No teacher shall be entitled to receive any por- 
 tion of said interest, unless his school shall be conducted, 
 and his returns made in conformity to the provisions of this 
 act. 
 
 Sec. 3. On the first Saturday in May next, or if the 
 school shall commence after that time, then at some time 
 within one month after the commencement of the school, a 
 meeting of the employers of the teachers shall be held, of 
 which meeting the teachers shall give three days previous 
 notice to each of his employers, who are not absent from 
 the neighborhood, at which meeting such employers shall 
 proceed to appoint three persons as trustees of said school : 
 said trustees shall be authorized, and it shall be their duty 
 to visit the school from time to time, and to require the ad- 
 mission into the school, and the gratuitous tuition of such 
 children residing in the vicinity of the school as shall be 
 presented to said trustees for that purpose, if such trustees 
 shall believe that the parents or guardians of such children 
 are unable to pay for their tuition. It shall also be the du- 
 ty of said trustees to receive and apply to the use of the 
 school, any donation of money, books, maps, globes, sta- 
 tionery, or other articles necessary or useful for schools. 
 
 The term of service of such trustees shall expire on the 
 second Monday of November annually, when a new ap- 
 pointment shall be made in the manner provided in this 
 section ; and all vacancies in said office shall be filled in 
 the same manner. 
 
 [So much of this seation as provides for gratuitous in- 
 struction, is repealed.] 
 
 Sec. 4. The teacher shall make a schedule of the names 
 make a sched- of all scholars attending his school, who reside within the 
 uie of the township to which the school fund belongs, from the inter- 
 sc^h^fars '^'^ ^^^ ^^ which he wishes to obtain a part of his compensa- 
 tion ; and on every day on which a school shall be kept by 
 him, he shall set dov.^n under the proper date, and opposite 
 the name of each scholar, the attendance or absence of such 
 scholar. Immediately after the close of the month of Oc- 
 tober, or sooner, if his school shall have come to a close, 
 said teacher shall add together the number of days which 
 each scholar residing in the proper township shall have at- 
 tended his school, and set down the total number of days 
 opposite the name of such scholar ; he shall then add toge- 
 ther their several amounts, and set down the total number 
 
 Term of ser- 
 vice. 
 
 Teacher shall
 
 17 
 
 at the bottom of the schedule; and this total number, after 
 the schedule shall have been examined, and if necessary, 
 corrected by the school commissioner, shall be the crite- 
 rion by which he shall be governed in making the appor- 
 tio«mient aforesaid; but no such schedule shall be taken 
 into consideration, unless it shall be accompanied by a cer- 
 tificate from a majority of the trustees of the school, or 
 from five of the employers of said teacher, setting forth 
 that they verily believe said schedule to be correct, and 
 that said teacher has, to the best of their knowledge and 
 belief, given gratuitous instruction in his said school, to all 
 such orphans and children of indigent parents residing in 
 the vicinity, as had been presented for that purpose by 
 the trustees of said school. If any school shall contain 
 scholars residing in two or more different townships, each 
 possessing a productive school fund derived from their 
 school lands, the teacher of the school in order to become 
 entitled to a share of the interest of each of said township 
 school funds, shall make separate schedules of the names 
 of his scholars residing in each of said townships, and 
 make return thereof to the school commissioner of the 
 county in which such township, or the larger part thereof, 
 shall be situated. In making the apportionment authori- 
 zed by the foregoing part of this act, no services of any 
 teacher shall be taken into consideration, except such as 
 shall have been rendered between the last day of April and 
 the first day of November of the present year. 
 
 [That part of this section relating to gratuitous instruc- 
 tion, is repealed.] 
 
 Sec. 5. On the second Monday of November, in the year Commissioner 
 one thousand eight hundred and thirty-four, or within one ta apportion the 
 week thereafter, and at the same time in each succeeding g"hooj''f°^jl° 
 year, each school commissioner shall proceed to apportion his county 
 the interest derived from each township school fund in his among the sev- 
 county, among the several teachers entitled to the same, entitied^hei'e- 
 In all cases where such interest is not required to pay the to. 
 expenses incident to the survey and sale of the school lands, 
 and the management of the fund, such apportionment of 
 interest shall be made among the several teachers entitled 
 to it, according to the number of their scholars residing in 
 the township possessed of such school fund, and the num- 
 bei' of days each of said scholars shall have been instruct- 
 ed by such teacher, within the twelve months immediately 
 preceding the month in which such apportionment is here- 
 Dy required to be made, to be ascertained in the mode 
 pointed out in the fourth section of this act. 
 
 Sfx. 6. As soon as the apportionment of moneys provi- Shall pay the 
 ded for by this act shall have been made, the school com- [eacher's.*^''^ 
 missioner shall pay to each of the teachers, on his dcmand- 
 
 9
 
 18 
 
 jn<' the same, the share to which he shall be found entitled, 
 taking his receipt for the same, and charge the same to the 
 school fund of the proper township. 
 
 Compensation. Sec. 7. As a compensation for apportioning and paying 
 out money as directed by this act, the school commissioner 
 shall be entitled to retain two and a half per centum on all 
 sums thus apportioned by him. 
 Trustees shall Skc. 8. The trustees, employers, who shall certify to the 
 cerUfy the correctness of the schedule of the teaciier, shall also certi- 
 thTteacheT fy ^'^*^ whole amount due to such teacher, and the commis- 
 sioner, if that amount be due and coming to his share, shall 
 pay the same; and the employers, should there be a balance 
 due said teacher, shall pay the same in such manner as 
 they shall agree. 
 Ailmoneyin Sec. 9. All moneys now ill the hands of trustees of school 
 the hands of lands, in any township, or in the hands of other individuals, 
 errshaiibepahi bouud out, or Otherwise, shall be paid over to the commis- 
 overtothecoin- sioner appointed by the county commissioners' court to sell 
 raissioner. school lands, and it is hereby made his duty to call them 
 to account for all moneys, and on failure, to sell and col- 
 lect the same of the said trustees, or others, so that all the 
 funds which have accrued, and which have not been law- 
 fully and fairly expended, belonging to each and every 
 township, and all rents or moneys which, from year to 
 year, or time to time, shall hereafter arise, over and above 
 the allow'ances for services to trustees, and incidental ex- 
 penses, shall be promptly paid over to said ' commissioner, 
 who shall give' them proper vouchers or receipts for the 
 same; and all notes, mortgages, and claims assigned over, 
 shall be by him, in his name, for the use of the inhabitants 
 of the township, sued for and collected. Any trustee, or 
 other township officer, who shall have money in his posses- 
 sion belonging to the township, and shall not, on demand, 
 pay the same over, shall, I'rom that time on until the same 
 shall be collected, pay an interest thereon, at the rate of 
 twelve per cent, per annum. 
 
 Law requiring Sec. 1 1. So much of the law now in force as requires that 
 
 *^^ ^^Vlf *°h^^ s6hool lands shall be by the trustees valued and appraised, 
 
 trustees re- ^ ^^^ ^hat the school lands shall be soldduring the setting of the 
 
 pealed. circuit court of the county, or when the court should be in 
 
 session, be, and the same is hereby repealed; and the lands 
 
 shall be advertised for the length of time now required, and 
 
 shall be sold at the court house, or place of holding courts, 
 
 for the highest and best price that can be had, without any 
 
 regard to valuation: Provided, That the sarrre shall bring 
 
 one dollar and twenty-five cents per acre; if the same w^ili 
 
 not bring that sum, there shall be no sale. 
 
 [So much of this section as repeals the law requiring a
 
 19 
 
 valuation of school lands, is repealed, and the valuation law 
 is revived.] 
 
 Sec. 12. The eleventh section of the act, approved, Fe- Acu repealed, 
 bruary 17,1827, entitled "An act relating to the school 
 lands," and all other acts and parts of acts coming within 
 the purview of this act, are hereby repealed. 
 
 This act shall be in force from and after the last day of 
 April next. 
 
 Approved, March 1, 1833. 
 
 AN ACT authorizing a Credit on Sales of School Lands. Actof Jan. 12, 
 
 *^ 1833. 
 
 Sec. 1. Be it enacted by the peojjle of the State of Illinois, School lands 
 represented in the General Assemhhu That whenever the in- "^^^ ^e sold on 
 
 , ', . ~ , . . . . •^' ,. , 1 r • I ^ credit, 
 
 habitants oi a township, petitionmg tor the sale or sixteenth 
 section, shall be of opinion that their interest would be pro- 
 moted by selling said section on a credit, they may repre- 
 sent the same in their petition; whereupon, it shall be the 
 duty of the commissioner to sell said lands on a credit of 
 one, two, and three years, the purchaser giving a mortgage Purchaser shall 
 on the land, and good personal security for the payment of S'^^ mortgage 
 the purchase money, to be approved by the county com- secudtyr"^ 
 missioners' courts respectively. 
 
 This act to take effect and be in force from and after the 
 1st of June, 1833. 
 
 Approved, Jan. 12, 1833. 
 
 AN ACT conjirming certain leases of School Lands. Act of Fob. 22, 
 
 1833. 
 
 Be it enacted by the people of the State of Illinois, repre- Leases con- 
 sented in the General Assembly, That all leases of sections, ^^™^'^- 
 or parts of sections, numbered sixteen, in the several town- 
 ships of this State, and set apart for school purposes, exe- 
 cuted under the "Act relating to school lands," approved 
 February 17, 1827, prior to the first day of July, 1831, 
 shall be, and they are hereby confirmed to the lessees there- 
 in, and shall be deemed and taken as conferring and grant- 
 ing to them all the rights and privileges stipulated in said 
 leases, in conformity with the said act, any other law or 
 parts of laws to the contrary notwithstanding. 
 
 Approved, Feb. 22. 1833.
 
 20 
 
 In force Feb. ^jV ACT providing for the security of School Funds. 
 12, 1 83 J. 
 
 Form of mort- Sec. 1. Be it enacted hy the people of the State of Illinois^ 
 gnge. represented in the General Assembly^ That mortgages to be 
 
 taken by school commissioners and agents for the inhabi- 
 tants of counties, may be in the following form: I, A. B., 
 of the county of , and State of , do assign over 
 
 and transfer to E. F., school commissioner and agent for 
 the inhabitants of the county of , for the use of thje 
 
 inhabitants of township , range , (or of the 
 
 county,) the following described real estate, (liere describe 
 the estate;) which real estate I declare to be in mortgage 
 for the payment of dollars, this day loaned to me by 
 
 the said school commissioner, with per cent, interest 
 
 per annum thereon until paid; and I hereby covenant, that 
 the title to said real estate is free from all encumbrance, 
 that I will pay all taxes and assessments which may be le- 
 vied upon said estate; and I further agree that if I do not 
 pay the interest on said sum annually, and the principal 
 when due, that the said real estate may be sold by the said 
 commissioner in conformity with the laws of the State, and 
 that I will deliver immediate possession to the purchaser. 
 Witness my hand and seal this day of ,18 ; 
 
 which mortgage shall be accompanied with a note for the 
 amount loaned, and shall be valid to all intents and purposes. 
 Failure to pay Sec. 2. If any person shall make default in the payment 
 interest. of interest as it becomes due and payable, such interest 
 
 shall thereafter be considered principal, and interest at the 
 rate of twenty per centum per annum shall be chargea- 
 ble and recoverable thereon; and if any person shall fail 
 Failure to pay to pay the principal sum borrowed at the time the same 
 piincjpa . becomes due and payable, such person shall be chargeable 
 with interest on such principal sum at the rate of twenty 
 per centum per annum until paid; and the school com- 
 missioners of counties shall be authorized to recover the 
 penalties aforesaid in an action or suit on the note or mort- 
 gage given for t.he payment thereof. 
 Where addi- Sec. 3. In all cases where the school commissioner of 
 i5°'e^ulred'^and ^^^ county shall require additional security from any per- 
 not given. son for the payment of money loaned, and such security 
 shall not be given, the commissioner may sue for and re- 
 cover the amount loaned such person, upon making proof 
 of such requisition, together with the interest which may 
 have accrued at the time of obtaining judgment. 
 Khooi fund^by ^^^' ^* ^"^ ^^^ payment of debts by executors or admin- 
 executorc, ..hall istrators, debts due to the school fund of the State, or any 
 have preference county or township, shall have a preference over all other 
 funeral expen- ^.^bts, except funeral and other expenses attending the last 
 8«s excepted, sickness, not including the physician's bill.
 
 21 
 
 Sec. 5. The county commissioners' courts of the several School com- 
 counties shall require of the school commissioner and agent "I'^s'^'"^''* shall 
 
 i- I ■ I I • c I • 1^ . S'^'^ bond ali- 
 
 tor the inhabitants oi such counties to execute a new bond niaiiy. 
 
 at the next June term of their respective courts, and to 
 execute a new bond annually thereafter; and if any com- 
 missioner as aforesaid shall fail to execute such new bond, 
 the court shall thereupon remove such commissioner from 
 office, and appoint a successor: Provided^ That the court proviso, 
 may allow further time to such commissioner to execute 
 such bond, if in the opinion of the court, such further time 
 may be allowed without injury to the school funds in the 
 hands of such commissioner. 
 
 Sec. 6. All record books required to be kept by school Record books 
 commissioners, shall be paid for out of the county treasu- ^°^^ l^^'^ ^°^- 
 ries of the counties in which such books shall be used. 
 
 Sec. 7. That the county commissioners' courts of the County com- 
 several counties in this State, shall be authorized when "^'ssjO'iers may 
 
 , , . ,. ' • r 1 • 1 1 i'e<i u I i-e school 
 
 they may deem it expedient, to require oi their school commissioner 
 commissioner additional security for the money he may 'p g'^e addi- 
 have received from the sales of school lands; and on any ^'°"^' secunty. 
 school commissioner refusing or failing to enter into addi- Failure to do 
 tional security that may be satisfactory to such court, his ^' 
 office shall be treated as vacant, and filled accordingly; and 
 for good cause to be entered on the record of the county 
 commissioners' court, the commissioners of such county 
 may remove the school commissioner from office. 
 
 Sec. 8. The inhabitants of any township in this State Inhabitants of 
 that may have kept a schedule for the year 1834, accord- J°''''"*'''P5 ^^° 
 
 ,L • ■ * r . • J- X' xL !• have not retur- 
 
 mg to the provisions oi an act providing lor the applica- j,ed schedules 
 tion of the interest of the money arising from the sales of authorized to 
 school lands, and who have not made return thereof to ^° ^°- 
 the school commissioner according to law, shall be author- 
 ized to make out their schedule, and return the same to the 
 school commissioner of such county, and such school com- 
 missioner shall be authorized to pay over such interest as 
 may be due such township for the year 1834, as though the 
 schedule had been returned according to law. 
 
 This act to be in force from and after its passage. 
 
 Approved, Feb. 12, 1835. 
 
 AN ACT to amend an act^ entitled ''''An act to provide for j^ fo^ce Feb. 
 the application of the Interest of the fund arising from 7, 18.Ji. 
 the Sale of the School Lands belonging to the sevei'al town- 
 ships in this State. Approved, March 1, 1833." 
 
 Sec. 1. Be it enacted by the people of the State of Illinois, Parts of said 
 represented in the General Assembly, That the tenth section actiejeajod
 
 22 
 
 of the act to which this is an amendment, and so much of 
 said act as provides for gratuitous instruction, be, and the 
 same are hereby repealed. 
 Act repealed. Sf.c. 2. That the eleventh section of the said act, so far 
 as it dispenses with a valuation of the sixteenth sections in 
 the several townships, is hereby repealed, and the law re- 
 quiring a valuation by trustees, is hereby revived. 
 Trustees may Sec. 3. That the trustees of school lands, or a majority 
 lease school of them, shall have power to lease any of said lands from 
 lands. yg^^. tQ year, upon terms most conducive to the interest of 
 
 the township. 
 Shall pay over Sec. 4. The trustees shall pay over to the school corn- 
 rent to school missioner all rents which they collect on leases as afore- 
 
 commissioner. ^^j^^ 
 
 In case of les- Sec. 5. If any lessee or lessees, his, her, or their heirs, or 
 see committing assigns, or any other person or persons, shall cut down or 
 
 WElStC Oil StlJCi -I. i.'i.i 1 
 
 lands. destroy any more wood or timber than may be necessary 
 
 for the improvement and cultivation of the lot so leased, or 
 shall do any damage to the said leased premises, or commit 
 any waste thereon, every such lessee or lessees, or other 
 persons, shall be liable to said trustees in an action for da- 
 mages, commenced in the name of said trustees, and the 
 said lessees shall, moreover, upon conviction thereof, for- 
 feit such lease. 
 Failing to pay Sec. 6. In all cases of a failure or refusal to pay the rent 
 '*"'• due and owing on any land leased under the provisions of 
 
 this act, whenever the same shall become due, it shall and 
 may be lawful for the trustees, in their respective town- 
 ships, to sue out a distress warrant, which shall be return- 
 ed to the justice issuing the same, and the same proceed- 
 ings shall be had thereon as in other cases of distress for 
 rent. 
 Inhabitants of Sec. 7. Any number of inhabitants of any township, may 
 townships may associate themselves together and purchase a quantity of 
 
 associate them- 1 i. j-, i ' "^ r 
 
 selves to-nther '^^^ ^'^^ exceedmg ten acres, and procure a conveyance of 
 for school pur- the Same, to be made to the trustees of school lands in the 
 poses. township, by their corporate name, and erect thereon a 
 
 school house, and make such other buildings and improve- 
 ments thereon as they may deem necessary for the encour- 
 agement of learning and science generally; and such land 
 and improvements shall be held by the said corporation for 
 the use of the persons associating themselves together as 
 aforesaid, and their successors and assigns forever; and 
 shall not be applied to any other purpose, nor in any other 
 manner than shall or may be directed by the persons asso- 
 ciated as aforesaid. 
 
 Approved, Feb. 7, 1835.
 
 23 
 
 AN ACT to provide for the distribution and application o/^"[°'„'^f' ^*''- 
 the Interest on the School, College, and Scminarij funds. ' 
 
 Sec. 1. Be it enacted bij the people of the State of Illinois, School com- 
 represented in the General Assembly, That the commission- "'0^';'^^^^^-'" 
 ers of the school fund are hereby required to provide a well count books, 
 bound book, in which they shall keep the accounts of the 
 school, college, and seminary funds; the accounts shall be 
 kept separately in the manner following: The commission- Accounts how 
 ers shall charge themselves with the amount of each sum kept, 
 received, on the date of receiving the same, and credit 
 themselves with each sum paid and loaned out, showing the 
 date of each payment or loan; they shall charge the State 
 with the State paper and Auditor's Warrants purchased, 
 showing the date and amount of each purchase, and shall 
 charge interest on the said State paper and Auditor's War- 
 rants at the rate of two per cent, per annum from the date 
 of purchase to the fifteenth of February, one thousani 
 eight hundred and thirty-one, and on that day add the in- 
 terest to the principal, and then charge interest on the sum 
 produced by such addition at the rate of six per cent, per 
 annum for one year; and at the end of every year thereaf- 
 ter, the interest shall be added to the principal, and bear 
 interest at the rate aforesaid the succeeding year; they , 
 shall in like manner charge the State with each sum loan- 
 ed, showing the date and amount of each loan, and charge 
 interest on such loan or loans, at the rate of six per cent. 
 per annum for one year, and at the end of every year the 
 interest shall be added to the principal, and bear interest 
 at the rate aforesaid. The accounts shall be continued in 
 manner aforesaid to the last day of December, in the year 
 one thousand eight hundred and thirty-three, and on that 
 day the interest shall be added to the principal of each sum, 
 and the sums produced by such addition, are hereby decla- 
 red to be principal; and the interest shall thereafter be 
 charged upon the said principal in manner aforesaid, until 
 the State shall refund the same; and no part of said princi- 
 pal shall be paid out as interest, nor unless expressly au- 
 thorized by law, nor shall any law providing for the appro- 
 Driation of interest on either of said funds, be so constru- 
 ed as to apply to interest accruing previous to the said last 
 day of Depember, one thousand eight hundred and thirty- 
 three. 
 
 Sec. 2. The commissioners of the school fund of the State Interest on coi- 
 shall annually loan to the school fund the interest of the i^«se ^j|<^/;»"^; 
 college and seminary funds, to be added to the interest of joaned to tho 
 the school and township funds, for distribution among the school fund an- 
 several schools in the State established under this law. ""^"y- 
 
 Sec. 3. The commissioners of the school fund of the State Said intoiert w
 
 24 
 
 be annually gj-e hereby required to distribute and pay out the interest 
 UiH'i'.'erai *° which may have accrued on the said school, college, and 
 counties. seminary funds, on the first Monday of January, in the year 
 
 one thousand eight hundred and thirty-six, and on the first 
 Monday in January annually thereafter, for the encourage- 
 ment of learning, in the manner and upon the terms and 
 conditions hereinafter provided. 
 And in propor- Sec. 4. The commissioners of the school fund shall as- 
 i^'°" '?.'''^ "".""" certain from the returns of the census to be taken in the 
 tantsineach ycar one thousand eight hundred and thirty-five, the num- 
 under 20 years ber of white persons in each county under twenty years of 
 oi age. agg^ gjj(j f^lso the amount of interest due the several funds 
 
 aforesaid on the first day of January, 1836, and apportion 
 the interest among the several counties in proportion to 
 the number of persons under the age aforesaid, and certify 
 the amount due to each county, to the Auditor, whose duty 
 it shall be to issue a Warrant on the Treasurer in favor of 
 each school commissioner for the amount due to his coun- 
 ty, and the interest shall be apportioned annually thereaf- 
 ter, and distributed as aforesaid, until the next census shall 
 have been taken, and on the first day of January in every 
 year next after the taking of the census of the State, the 
 said commissioners shall make a new apportionment of in- 
 terest, and cause the same to be distributed in the manner 
 and upon the terms aforesaid. 
 
 Sec. 5. It shall be the duty of the school commissioners 
 of counties to receive from the Treasurer the amount of 
 any and all Warrants which may be drawn in manner and 
 To be paid to ^^^' ^hc purposes aforesaid, and to distribute the same among 
 the teachers of the teachers of schools, who may have kept schools in con- 
 schools, formity with the provisions of the act, entitled "An act to 
 provide for the application of the interest of the fund ari- 
 sing from the sale of school lands belonging to the several 
 townships in this State," approved first of March, 1833: 
 Proviso. Provided, That no teacher shall be entitled to receive more 
 than one half of the amount due him for services rendered 
 within the twelve months preceding the first of November 
 previous to the time of making such distribution; and if the 
 In case the in- interest in the hands of a school commissioner in any coun- 
 terest shall a- ty^ shall, at the time of distribution, amount to more than 
 than'enoiigfrto ^'^*^"g'^ ^^ V'^Y ^^^ half of the amount due the teachers in 
 pay half the a- his county, then the overplus shall be set apart as a county 
 mount due fund, and shall never thereafter be subject to distribution, 
 <UwioM>d'of°^ ^^^^ ^^^^1 forever remain as a principal fund, to be denomi- 
 nated "The County School Fund," to be loaned out by the 
 school commissioner of the county as township funds; and 
 the interest accruing thereon, shall be subject to distribu- 
 tion for the support of schools in the county, in the same 
 manner and under the like regulations as is or may be pre-
 
 25 
 
 scribed for the distribution of the interest on the State fund: 
 Provided^ That in making the distribution of the State fund 
 for the present year, no teacher shall be paid for any ser- 
 vice rendered before the first day of June next. 
 
 Sec. 6. No part of any township fund shall be made to Township 
 constitute any part of a county fund; and teachers employ- ^"°^^ '° ^® ^^' 
 ed in townships having no productive fund, who keep sche- county funds, 
 dules and make returns as is required in townships having 
 productive funds, shall be entitled to a distributive share of 
 the State fund, and the township funds shall be paid to 
 teachers at the time now required by law. 
 
 Approved, Feb. 7, 1835. 
 
 AN ACT concerning the School Fund. In force Feb. 
 
 6, 1835. 
 
 Sec. 1 . Be it enacted by the people of the State of Illinois^ Commissioners 
 represented in the General Assemhhu That the commis-^fs^^f""'^^"- 
 
 • " c ^ I 1 r 1 1. J "lu \^ -u • tnonzed to le- 
 
 sioners of the school fund, be, and they are hereby requi- ^ove the same 
 red to receive the whole amount of the school fund be- from u. States 
 longing to this State, and now deposited in the Branch ■J^°^^^'|'-"S*^^^ 
 Bank of the United States at St. Louis, and deposite the ^®^'"''y- 
 same in the Treasury of the State; and the Treasurer is 
 hereby required to receive said money and receipt for the 
 same ; and the said money when so received, shall be ap- How applied. 
 plied to the payment of demands against the Treasury, in 
 the same manner as money derived from the ordinary 
 sources of revenue, and the State shall be chargeable with State to pay in- 
 the interest on the same, at the rate of six per cent, per ^^^^^ ^^ g p^^. 
 annum, the interest to be added to the principal annually: cent. 
 Provided^ That if any law shall be passed at the present proviso, 
 session of the Generaf Assembly to distribute the interest 
 or principal of said fund, the Treasurer shall, on the War-- 
 rant of the Auditor, pay over to the said school commis- 
 sioner the amount so loaned to the State, out of any mo- 
 ney in the Treasury not otherwise appropriated, to be dis- 
 tributed according to law. 
 
 This act to take effect from its passage. 
 
 Approved, Feb. 6, 1835. 
 4
 
 APPENDIX. 
 
 GENERAL REMARKS. 
 
 The petition required to be presented to the school commissioner, by 
 the inhabitants of townships, requesting a sale of the school lands there- 
 in, may be in the following form: [See section 5 of the act of the 22d 
 January, 1829, and the 1st section of the act of 13th February, 1831.] 
 
 State of Illinois, County 
 
 To , School Commissioner and Agent for the in- 
 
 habitants of the County of 
 
 The subscribers, being white male inhabitants over the age of twenty- 
 one years, and legal voters of the township of land known and desig- 
 nated on the plat of the surveys of the land belonging to the United 
 States, as township number in the district of lands offered for 
 
 sale at , lying in the county of , being de- 
 
 sirous to sell and dispose of section numbered sixteen in the said town- 
 ship, granted by the United States to the State of Illinois, for the use 
 of the inhabitants of the township for the use of schools; do hereby 
 request that the said section be sold according to the laws of the State 
 of Illinois, authorizing a sale thereof. 
 
 In testimony whereof we hereto severally sign our names this 
 day of , eighteen hundred and thirty- 
 
 This petition must be signed by at least three-fourths of the free 
 white male inhabitants over twenty-one years of age, who are legal 
 voters of the township — the inhabitants must sign the petition public- 
 ly, and in the presence of at least two good citizens of the township, 
 and those two citizens are required to make oath, that the individuals, 
 whose names appear on the petition, signed the same publicly and free- 
 ly, after the true intent and meaning thereof was made known to them. 
 
 The law has made no provision to enable the school commissioner to 
 ascertain the number of inhabitants in the townships, nor does it fur- 
 nish any rule by which the commissioner is to be governed in ascer- 
 taining whether or not the requisite number have signed the petition. 
 In order to comply with the provisions of the law upon this point, as 
 near as may be, affidavits will be required of the witnesses to the pe- 
 titions, stating their knowledge and means of information, as to the 
 number of inhabitants in the township, and their belief as to the pro- 
 portion of those inhabitants who have signed the petition.
 
 27 
 
 affidavit of witnesses to petition. 
 
 State of Illinois, County, ss: 
 
 A. B. and C. D. being severally sworn, state, that the persons whose 
 names appear to the foregoing petition, are each while male inhabi- 
 tants over twenty-one years of age, and legal voters of township num- 
 ber , of range number , in the county of , as 
 they verily believe, that each of the said persons signed the petition 
 publicly and freely, after the contents thereof were made known and 
 explained to them, in the presence of the deponents; that the depo- 
 nents are citizens and legal voters of the township aforesaid. [Here 
 insert the facts, &c. which the witnesses can swear to, as to the num- 
 ber of white male inhabitants and legal voters of the township.] 
 
 The aforesaid affidavit subscribed and sworn to before me,] 
 this day of ,18, 
 
 /. P. 
 
 REMARKS IN RELATION TO THE DUTIES OF TRUSTEES. 
 
 The trustees of the school lands in the different townships will, so 
 soon as they have been sworn into office, furnish the school commis- 
 sioner with the certificate of their appointment, and a certificate of 
 their having been sworn into office, to enable him to make a record 
 thereof. 
 
 The trustees will observe, by reading the act of 1831, that the du- 
 ties required of them are, first to value and subdivide the school lands 
 of their township, and make report to the school commissioner for the 
 county, upon being notified by him that the inhabitants of the town- 
 ship desire a sale of the school lands therein. In performing this du- 
 ty, the trustees may divide the sections into lots of half quarter sec- 
 tions, by lines north and south, or they may subdivide half quarters 
 into smaller quantities; but the law provides, that in no case shall a 
 greater quantity than eighty acres be offered for sale in one lot. 
 
 An actual survey of the section is not necessary, if subdivisions can 
 be made without that expense. 
 
 Whe« the trustees have subdivided the section and valued the lots, 
 they will make a map of the section, with the several tracts marked 
 and numbered thereon, as proposed by them to be offered for sale, 
 with a certified statement of the valuation per acre of each particular 
 tract, and the number of acres contained therein, assuming six hun-^ 
 dred and forty acres for the contents of the section, which map and 
 valuation must be filed with the commissioner appointed to sell the 
 land. The law provides that no lot shall be valued at less than one 
 dollar and twenty-five cents per acre. 
 
 After making the map and valuation as above required, the trustees 
 will make a certificate in the following form: 
 State of Illinois, County: 
 
 We, A. B., C. D., and E. F., trustees of the school lands lying in the 
 congressional township, known and designated as township number 
 , range number , within the county of , be- 
 
 ing informed that the inhabitants of the said township are desirous to
 
 28 
 
 sell the school lands therein, have proceeded to subdivide the same in- 
 to tracts or lots, and to value the same according to the true value 
 thereof. The map hereto annexed is a correct map of all the school 
 lands within the township; also, of the several tracts or lots, into which 
 the school lands have been subdivided, and we propose that the said 
 lands be sold in lots, as marked and numbered on the map. 
 
 Lot number one contains eighty acres, and is bounded as follows: 
 [here insert the boundary] and then describe each of the other lots in 
 the same manner. 
 
 After describing the lots, then state the valuation of each lot as fol- 
 lows: 
 
 We value lot number one at two dollars per acre. 
 
 We value lot number two at five dollars per acre, &,c. 
 
 Given under our hands and seals, this day of ,18 
 
 SEAL. 
 SEAL. 
 SEAL. 
 
 In making the subdivision, the trustees are not bound or required to 
 regard any surveys, leases or divisions heretofore made; they will ex- 
 ercise a sound discretion upon the subject, and make the division in 
 the manner which they may deem most advantageous to the interest 
 of the school fund of the township. ' - 
 
 The trustees are authorized to make contracts with lessees, to re- 
 linquish their leases, "not paying to exceed one half the interest that 
 would accrue from the amount that would be obtained from the sale of 
 the land leased." In making contracts for the relinquishment of leases, 
 the valuation of the land will be considered as the amount that would 
 be obtained from a sale thereof, the interest will be calculated on that 
 amount, from the date of relinquishment to the time the lease would 
 expire; the law has not fixed the rate of interest, but has authorized 
 the commissioners' courts of the several counties, to establish a rate 
 of interest at which school funds shall be loaned; the interest there- 
 fore may be computed at the rate established by the commissioners' 
 courts. The trustees will take from each lessee who may relinquish 
 his lease, a written relinquishment, in the following form: 
 
 State of Illinois, County: 
 
 Whereas, on the day of ,18 , the trustees of the 
 
 school lands in the congressional township, known as township num- 
 ber , of range number , leased to me for the term of 
 years, a certain tract of the school lands within said town- 
 ship; described in the lease as follows: (here insert the description 
 contained in the lease.) And A. B., C. D., and E. F., present trustees 
 of the school lands within the said township, have this day agreed, 
 (here insert the agreement on the part of the trustees.) In considera- 
 tion of which, I hereby relinquish my said lease, and do hereby re- 
 lease and assign over to the said trustees and to their successors in of- 
 fice, all my right and title to the possession, use and occupancy of the 
 said leased premises; and I hereby acknowledge myself the tenant of
 
 •i9 
 
 the said trustees, and agree to deliver to them, or their successors, the 
 possession of the said premises on the day of next, in 
 
 as good repair as they are in at present. 
 
 Witness my hand and seal, this day of ,18 
 
 SEAL. 
 
 DUTIES OF SCHOOL COMMISSIONER. 
 
 School commissioners are required to give at least forty days notice 
 of the time, place, and terms, of selling school lands, "by posting up 
 written or printed notices in six of the most public places in the coun- 
 ty; and likewise by publishing the same in some newspaper the nearest 
 to the land" — this notice should contain a particular description of each 
 lot of land to be sold, and should not be published until the trustees 
 shall have returned a map and certificate of valuation. The following 
 forms should be adopted by the commissioners in making sale of lands, 
 and keeping accounts. 
 
 CERTIFICATE OF PURCHASE AND CHECK. 
 
 Office of School Commissioner and Agent for the \ 
 Inhabitants of the County of . ^ 
 
 No, 
 
 % 
 
 Mr. 
 
 
 County of 
 
 
 and State of 
 
 
 No. 
 
 containing 
 
 acres, 
 
 16th section 
 
 T. R. 
 
 at. % 
 
 per acre. 
 
 
 $\ 
 
 No. ^ 
 
 Mr. of the County 
 
 of , and State of , has this day purchased 
 
 a lot of land, containing acres, being- part of 
 
 Section No. Sixteen, Township N. Range W. 
 designated on the Map of the Section, as No. ,for 
 which he has paid $ per acre, amounting to 
 dollars, and cents. 
 
 Commitrioner. 
 
 FORM OF SALE BOOK. 
 
 Date of 
 
 Sale. 
 
 Names of purchas- 
 ers. 
 
 Resi- 
 dence. 
 
 No. of 
 Acres. 
 
 Price per 
 Acre. 
 
 Am't of 
 Sale. 
 
 Description of 
 Land.
 
 30 
 
 FORM O*" LOAN BOOK. 
 
 Date of 
 Loan. 
 
 To whom Loaned.' Residence. 
 
 Amount 
 Loaned. 
 
 Rate of 
 Interest. 
 
 When 
 due. 
 
 Description 
 of Security. 
 
 FORM OF CASH BOOK. 
 
 DR. A. B., School Commissioner^ to -Township 15, R. 10. CR. 
 
 Date. 
 
 Ofwhom received. 
 
 Interest. Principal 
 
 Total. 
 
 Date. 
 
 To whom paid 
 or loaned. 
 
 .\mount. 
 
 LOANING THE SgHOOL FUNDS. 
 
 The Legislature has made it a part of the duty of the Commissioner 
 to sell, to loan all the moneys which shall come into his possession, and 
 has authorized the commissioners' courts of the several counties to es-
 
 31 
 
 tablish a rate of interest at which school funds shall be loaned, and to 
 make such rules and regulations for the safety and usefulness of the 
 same in their counties as are necessary to cause a judicious and equita- 
 ble distribution of the interest arising from the same. 
 
 The law requires that the money shall be loaned for one year, or a 
 term of years, not exceeding five — and all sums loaned, of one hun- 
 dred dollars, or less, may be secured by the borrower giving a note with 
 two or more good, I'esponsible freeholders as securities; who shall sign 
 and be considered in all respects as principals. ' 
 
 Sums over one hundred dollars shall be secured by mortgage on real 
 estate, the title of which shall be clear, unincumbered and indisputable, 
 in value treble the amount loaned. Every person who may obtain u 
 loan of one hundred dollars or less, will be required, previous to obtain- 
 ing the same, to satisfy the commissioner that his securities are respon- 
 sible freeholders — he will also be required to execute a note in the fol- 
 lowing form : 
 
 One year after date, we, A. B., C. D., and E. F., jointly, and sever- 
 ally, promise to pay G. H., school commissioner and agent, for the in- 
 habitants of the county of , for the use of the inhabitants of 
 township number - , of range number , the sum of one 
 hundred dollars, and interest thereon at the rate of per cent, per 
 annum, from this date, until paid. [If more than one hundred dollars 
 is borrowed, the payment must be secured by mortgage, the form of 
 which will be found in the "Act providing for the security of school 
 funds," approved, February 12th, 1835.] We further promise, that in 
 case additional security for the payment of the aforesaid sum of mo- 
 ney, and interest, or any part thereof, shall be required, the same shall 
 be given to the satisfaction of the said G. H., or his successor in office. 
 
 Witness our hands and seals, this day of ,18 
 
 SEAL. 
 
 SEAL. 
 
 SKAL. 
 
 ORGANIZING SCHOOLS. 
 
 Whenever a school is desired in a township or neighborhood, the in- 
 habitants employ the teacher, and engage to pa}-, by the year, month, 
 or scholar, whatever may be due after the reception of the school funds 
 — when the teacher is employed, and the school begun, the employers 
 meet at the school-house, and elect three of their number to superin- 
 tend the school — these trustees derive their authority from the inhabi- 
 tants who elect them, and have no other duty to perform, than to see 
 that the school is conducted in a proper manner. At the close of the 
 school, they are required to certify the schedule of the teacher. 
 
 The teacher, to be entitled to any compensation from the school 
 funds, must keep a schedule, or day-book, and set down the name of 
 each scholar, and note the absence or presence of each, every day. 
 The following form will conform to the law:
 
 3i 
 
 Schedule of a Common School lept by A, B., in Toivnship number 
 , Range number , in the County of , commencing 
 
 on the day of ,18 
 
 Names of scholars. 
 Monday, 1st June, 1835. 
 
 Monday. 
 
 Tuesday. 
 
 Wednesday 
 
 Thursday. Friday 
 
 Total. 
 
 John Jones, 
 James Jones, 
 
 present, 
 absent. 
 
 present, 
 present. 
 
 present, 
 absent. 
 
 present, 
 present. 
 
 present, 
 absent. 
 
 5 
 2 
 
 At the close of the school, or on the first day of November, the teach- 
 er will make an abstract of his schedule, by setting down the names of 
 all the scholars, and placing opposite each name, the total number of 
 days that each has attended the school, and then add a certificate, in 
 the following form: 
 
 "I certify, that the foregoing is a correct schedule of the school kept 
 by me in Township number , Range number , and that each 
 
 of the scholars resided in the said township, and attended the school 
 the number of days stated in the abstract. Given under my hand, 
 this day of , 1 8 ." 
 
 The trustees will then add a certificate, in the following form: 
 "State of Illinois, County: 
 
 "We certify, that at a meeting of the employers of A. B., school 
 teacher, held, pursuant to previous notice, at the school house, on the 
 day of ,18 , we were elected trustees of said school, 
 
 and that we have performed the duties of trustees, by attending to the 
 school from time to time, and superintending the same — that we have 
 examined the foregoing schedule and abstract, and verily believe the 
 same to be correct. We further certify, that there is due to said 
 teacher for his services, dollars. Given under our hands and 
 
 seals, this day of ,18 
 
 SEAL. 
 SEAL. 
 SEAL. 
 
 In organizing schools, it is only necessary to obtain a sufficient num- 
 ber of scholars. The law does not require the formation of Districts. 
 In the distribution of the township funds, each scholar is entitled to 
 the benefit of the funds of the township in which he resides; and where 
 a teacher has scholars residing in several townships, separate schedules 
 should be kept for each township. The schedules should be returned 
 to the school commissioners by the first Monday in November. The 
 township funds are required to be paid to teachers on the second Mon- 
 days in November. The State funds are not paid to school commis- 
 sioners until the first of January, and cannot be paid to teachers until 
 after that time.
 
 38 
 
 It will be seen by the Act approved 7th February, 1835, that any 
 number of inhabitants of a township may associate together, and pur- 
 chase ten acres or less of land, for the use of a school house, and have 
 the title made to the trustees of the school lands in the township, and 
 their successors forever. The following form of conveyance should 
 be adopted: 
 
 "This indenture made and entered into this day of , 
 
 18 , between A. B. and C. D. his wife, of the county of , and 
 
 State of , of the first part, and the "Trustees of School Lands in 
 
 Township number , Range number , in the County of 
 
 ," of the second part, Witnesseth: That, whereas A. B., C. D., 
 and E. F., {insert here the names of all the persons who contribute to the 
 purchase of the Land, or building the School House,) inhabitants of said 
 township, have purchased of the said A. B., party of the first part, a 
 certain piece or parcel of land situated in said township, being (he7'e 
 describe the land,) and paid therefor, the sum of dollars, for the 
 
 purpose of erecting thereon a school house or houses, and of organizing 
 and maintaining a common school for the education [of their children, 
 wards, and apprentices, and the children, wards, and apprentices of 
 their successors forever, and such other children as may be admitted 
 according to the rules and regulations of the school;] and the said in- 
 habitants being desirous that the said land shall be conveyed to the 
 parties of the second part, and their successors forever, and held in 
 perpetuity for the uses and purposes aforesaid; the said parties of the 
 first part, do, in consideration of the premises, hereby grant, bargain, 
 sell, and convey, unto the s lid parties of the second part, and their suc- 
 cessors forever, the aforesaid piece or parcel of land, with the appur- 
 tenances thereof. To have and to hold the same forever, for the use 
 of the inhabitants aforesaid, and their successors and assigns, the said 
 land and the house or houses which mny be erected thereon, to be used 
 and occupied by them, exclusively, for the uses and purposes express- 
 ed in this deed, and for no other. And the said A. B. hereby covenants 
 to warrant, and forever defend the title to said land, unto the parties 
 of the second part, and their successors forever, against the claim of 
 all and every person,or persons whomsoever. In testimony whereof, 
 the parties of the first part, hereto sign their names, and affix their 
 seals, the date first herein written. 
 
 Witness: 
 
 SEAL- 
 SEAL. 
 
 If the land and house is intended for the use of the inhabitants of the 
 township generally, the words included in brackets, in the deed, must 
 be omitted, and the following words inserted, viz: "of all children 
 whose parents, guardians, or piasters, reside in the said township, and 
 such others as may be admitted by the rules and regulations of the 
 school." 5
 
 1 X D E X . 
 
 PAGE 
 
 APPORTIOiNMENT OF LNTEREST— How made, 15-1G-17 
 
 AUDITOR & SECRETARY OF STATE— When required, shall 
 
 give officinl information to school comniisi>ionor?, 11 
 COMMISSIONERS OF SCHOOL FUND— To provide books for 
 
 said fund, 23 
 Authorized to remove the same from U. 8. Bank into State 
 
 Treasury, 25 
 
 Accounts of, how kept, '23 
 
 CREDIT— May be given on Pale of school lands, 19 
 DEBTS DUE SCHOOL FUND— Shall have preference over all 
 
 others, except funeral expenses, 20 
 
 GRATUITOUS INSTRUCTION— Not allowed, 22 
 
 Laws authorizing the same, repealed, - ib 
 INTEREST ON MONEY LOANED— Rate of, to be established by 
 
 the county comniissioners' court, li 
 Api>ortionment of, how made, 15-16-17 
 INTEREST OF COLLEGE & SEMINARY FUNDS— To be 
 
 loaned annually lo school fund, 23 
 To be distributed annually, and in what proportion, 24 
 To be paid to teachers of schools, - ib 
 INHABITANTS OF TOWNSHIPS— Associating for school purposes, 22 
 May purchase land?, . ib 
 LEASES — Term for which they may be made, 
 Confirmed in certain cases, 19 
 LESSEES OF SCHOOL LANDS— Liability of, for committing waste, 6-22 
 Failure of, to pay interest, 20-22 
 Failing to give additional security when recpiired, 20 
 LAWS AUTHORIZING GRATUITOUS INSTRUCTION— Repealed, 22 
 MONEY — In the hands of trustees to be paid to school commissioners, 18 
 MORTGAGES — To be taken bv school commissioners — term of, 20 
 PETITIONS FOR THE SALE OF SCHOOL LANDS— Requi- 
 sites of, 9-13 
 Duty of school commissioners in relation to ib 
 PATENTS FOR SCHOOL LANDS— By whom issued 11 
 RECORD BOOKS— How paid for, 21 
 SCHOOL COMMISSIONERS— How appdnted e-13 
 To give bond annually 21 
 When refjuired to give additional bonds ib 
 Compensation of, for apportioning interest 18 
 Moneys in the hands of trustees to be paid to ib 
 Form of mortgage to be taken by '^0 
 When and how, may be removed from office 8-13 
 Shall keep records of all school lands 9 
 Petition to sell to be presented to ib 
 Dnty of, in relation to selling sch»ol landa 9-10
 
 35 
 
 SCHOOL COMMISSIONERS— (continued.) rxon 
 Shall make rejwrt of sales to commissioners' court and auditor 
 
 of public accounts jq 
 
 Shall keep records of all business of their office 1 1 
 
 Shall loan money and upon what termo U-IS 
 
 Resigning or refusing to act, to ^ive up all his paoers "' 15 
 Auditor and secretary to give omcial information" to, when re- 
 quired 2j 
 
 SCHOOL LANDS— Under lense to be exempt from salo 14 
 
 Sale of, how conductad &-10-14 
 
 Requisites of a petition for the sale of '©-13 
 
 Duty of school commissioners in relation to ib 
 
 Liability of lessees of, for committing waste 6-22 
 
 Persons trespassing on, penalty for . 4 
 
 Penalty how recovered jb 
 
 Trespassers how proceeded against 5 
 
 Duty of circuit courts in relation to ib 
 
 Patents for, by whom issued H 
 
 Valuation of, to be made by trustees 13 
 
 SCHOOL FUND — Commissioners authorizerl to remove the same from 
 
 the U. S. Bank into the state treasury 25 
 
 How applied ' jj, 
 
 State to pay interest on the same at 6 per cent, per annum ib 
 
 Interest on college and seminary funds to be paid to, annually 23 
 
 To be distributed annually and in what proportion 24 
 
 Commissioners of, to provide books for same - 23 
 
 Books how paid for 21 
 Debts due the, to have preference over all others except funeral 
 
 expenses 20 
 Apportionment of interest of, how made 15-16-17 
 Persons failing to pay interest or principal how proceeded 
 
 again&t 20 
 
 Failing to give additional security when required ib 
 
 TRUSTEES OF SCHOOL LANDS— How appointed 5-^3-13 
 
 Term of service of Q 
 
 Shall be sworn ' ib 
 
 Declared a body corporate ib 
 
 Shall have power to make leases 6-22 
 
 May lease for ten years 
 
 May appoint a clerk and treasurer 7 
 
 Death or res'gnation of ib 
 
 Compensation of ib 
 
 Valuation of school lands to be made by 13 
 
 To certify the amount due each teacher 18 
 
 Moneys in tlie hands of, to be paid to school commissioners ib 
 
 TEACHER OF SCHOOLS— Duty of 16-17 
 
 Shall make schedule of all scholars ib 
 
 Interest on college and seminary funds to be paid to 24 
 
 Amount due to, to be certified by the trustees 18 
 
 TOWNSHIPS — Partly in one county and pavtlv in another, bow regulated 7 
 
 TOWNSHIP FUND— To be kept separate from countv fund 25 
 
 VALUATION OF SCHOOL LANDS— To bo made by truilees 13
 
 INDEX TO THE APPENDIX. 
 
 PAGB 
 
 CONVEYANCES TO TRUSTEES— Form of 33 
 
 CASH BOOKS— Form of 30 
 CERT[F[CATES— Form of (fee forms) 
 
 FORMS Of a petition to sell school lands 2G 
 
 Of affidavit of trustees ib 
 
 Of certificate of trustees 27 
 
 • Of certificate of purchase and check 29 
 
 Of cash book * SO 
 
 Of loan book ib 
 
 Of sale book ib 
 
 Of teachers' schedules 32 
 
 Of affidavit of witnesses ib 
 
 Of the relinquishment of leases 28 
 
 Of certificate of valuation of school lands 27 
 
 Of notes for the purchase of school lands 31 
 
 Of certificate to teachers' abstracts from scher'ules 32 
 
 Of conveyances to trustees 33 
 INHABITANTS OF TOWNSHIPS— Associated together for school 
 
 purpose?, may purclnse lands 33 
 Title to be vested in trustees of school lands ib 
 Form of the convevance ib 
 LOAN BOOK— Form of ' 30 
 NOTES— Form of (see forms) 
 PETITIONS FOP. THE SALE OF SCHOOL LANDS— Form of 26 
 By whom signed and how — witnesses to make affidavit ib 
 Form of aflidavit ib 
 RELINQUISHMENT OF LEASES— Trustees authorized to make con- 
 tracts for 28 
 Form of ib 
 SALE BOOKS— Form of 30 
 SCHOOL COIVIMISSIONERS— duties of 29 
 To give forty days notice of sales of school lands ib 
 In what manner ib 
 Contents of the notice ib 
 Form of his certificate of purchase and check ib 
 SCHOOL FUND— Manner of loaning 30 
 Form of note 31 
 SCHOOL LANDS— Petition for tl>e sale of, fonn of 26 
 Bj' wliom signed and how — witnesses to make affidavit ib 
 Form of aflidavit jb 
 SCHOOLS — Manner of oigaiiiziug 31 
 What deemed necessary 32 
 SCHEDUIiES— To be kept by teachers 31 
 Form of 32 
 To be returned to school commissioner ib 
 Separate to be kept for each township ib 
 TRUSTEES OF SCHOOL LANDS— To make map of township and value it 27 
 To certify the same — form of cevtificaie ib 
 Authori.^ed to make cfntracts for tlie re'nnqtishment of leases 28 
 Form of the relinquishment — to certify the amOLint due teachers ib 
 TEACHERS OF SCHOOL?— To keep schedules 31 
 When scholars attend fiOm diflerent townships, schedules to be kept separate 32 
 To return schedules to school commissioners ib 
 To make abstracts from, and certify tlie same ih 
 Form of certificate — form of schedule ib