TH A-isr ^CT TO ESTABLISH AND MAINTAIN A SYSTEM OF Jj IN THE STATE OF ILLINOIS, AS AMENDED EEBRUAET 21, 1859. SPRINGFIELD: JAILHACHE & BAKER, PfimTE|lS. 1859. '^ v IN RyCHA,MG' ujv 37 1904 D, of.!), TO ESTABLISH A:^rD MAH^TAIInT A SYSTEM OF FREE SCHOOLS. STATE SUPERrNTENDENT OF PUBLIC INSTEUCTION HIS ELEC- TION AND DUTIES. Section 1. Be it enacted Ijy the 2Jeo])le of the state of Illinois^ rejjresented in the General Assembly. That at the dectiou to be held on' Tuesday after the first Monday of ^erintendent ' November, A. D. 1858, and biennially thereafter, there shall be elected, by the legal voters of this state, a state superin- tendent of public instruction, who shall hold his office for two years, and until his successor is duly elected and quali- fied. § 2. Before entering upon his duties, he shall take and To give bond, srfbscribe the usual oath of office, and shall also execute a bond, in the penalty of twenty-five thousand dollars, pay- at)le to the state of Illinois, with sureties to be approved by the governor, conditioned for the j)rompt discharge of his duties as superintendent of public instruction, and for the faithful application and disposition, according to law, of aE scTiool moneys that may come into his hands by virtue of his office ; said bond and oath shall be deposited with the secretary of state, and an action may be maintained thereon by the state, at any time, for a breach of the conditions thereof. § 3. It shall be his duty to keep an office at the seat of Keep office .it government of the state, and to file all papers, reports and the seat of public documents transmitted to him by the school officers f;°^ernment. of the several counties, each year separately, and to keep and preserve all other public documents, books and .papers relative to schools, coming into his hands as state superin- tendent, and to hold the same in readiness to be exhibited to the governor, or to any committee of either house of the general assembly ; and shall keep a fair record of all mat- ters pertaining to the business of his office. 1859. Pay over mo- neys. Advise with teaciiers. Supervision of c o m m n schools. Address circu- lar letters. E.eport to : ernor. rulee and regula- tions. § 4. He shall, without delay, pay over all sums of money which may come into his hands by virtue of his office, to the officer or person entitled to receive the same, in such man- ner as may be prescribed by law. § 5. He shall counsel and advise, in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools. § 6. Said superintendent shall have the supervision of all the common and public schools in the state, and shall be the general adviser and assistant of school commissioners in the state ; he shall, from time to time, as he shall deem for the interest of schools, address circular letters to said, commissioners, giving advice as to the best manner of con- ducting schools, constructing school houses, furnishing the same, and procuring competent teachers. § 7. Said state superintendent shall, before the fifteenth day of December of every year preceding that in which shall be holden a regular session of the general assembly, report to the governor the condition of schools in the sev- eral tounties of the state, the whole number of schools which have been taught in each county in each of the pre- ceding years, commencing on the first Monday of October; what part of said number haA'e been taught by males ex- clusively ; what part by females exclusively ; what part of said whole number have been taught by males and females at the same time ; and what part by males and females at different periods ; the number of scholars in attendance at said schools ; the number of white persons in each county under twenty-one years of age ; the amount of township and county fund ; the amiount of the interest of the state or common school fund, and of the interest of the township and of the county fund annually paid out ; the amount raised by an ad valorenn tax ; the whole amount annually expended for schools ; the number of school houses, their kind and condition ; the number of townships and parts of townships in each county ; the number ancl description of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the prices paid for the same, and total amount purchased, and what quantity and how distributed ; and the number and condi- tion of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools, and the means of promoting edu- cation throughout the state; which report shall be laid before the general assembly at each regular session. § 8. The said state superintendent of public instructron shall make such rules and regulations as he may think necessary and expedient to carry into full effect the provi- sions of this act, and of all the laws which now are or may hereafter be in force for establishing and maintaining sch^ia 5 1859. ill tliis state ; and the said superintendent shall have power, and it shall be his duty, to explain and interpret and deter- To interpret mine to all school commissioners, directors, township and 1'^,,^/!^^^ other school oincers, the true intent and meaning ot tJiis act, and their several duties enjoined thereby, and his decision shall be final, unless otherwise directed by the legislature, or reversed by a court of competent jurisdiction. § 9. The said state superintendent shall have power to To cause direct and cause the school commissioner of any county, ^iss°oneTs"o directors or board of trustees or township treasurer of any w i t h h o i a township, or other school officer, to withhold from any funds. officer, or township, or teacher, any part of the common school, or township, or other school fund, until such officer, township, or teacher, shall have complied with all the pro- visions of this act relating to his, her or their duties, and such rules and regulations as the state superintendent may prescribe, not inconsistent with this act ; and the state superintendent may forbid the payment of any part of the common school, township, county, or other school fund, to any district in which the school or schools have not been kept according to law, or in which no school has been kept for six months during the year next preceding the demand foi' payment. § 10. And the said state superintendent shall receive Salary of su- annually the sum of fifteen hundred dollars, to be paid quar- penntendeuc terly, as a salary for the services required under the provi- sions of this act, or any other law that may be passed, and also for all necessary contingent expenses, for books, postage and stationery pertaining to his office, to be audited and paid by the state, as the salaries and contingent expenses of other officers are ]3aid. SCHOOL COISEVIISSIOKEJKS— THEIK ELECTION AND DUTIES. I 11. On the Tuesday next after the first Monday in Election of I^ovember next, and on the Tuesday next after the first school com Monday in I^ovember, every two years thereafter, there mi^sioner. shall be elected, by the qualified voters of each and every coTinty in this state, a school commissioner, who shall execute the duties herein required. He shah, before entering upon his duties, take an oath for the faithful discharge of his duties. He shall, before entering upon his duties, execute a bond, payable to the state of Illinois, with two or more re- To give bond, sponsible freeholders as security, to be approved b}" the county court, (or in counties adopting the township organi- zation, by the board of supervisors,) in a penalty of not less than twelve thousand dollars, to be increased at the discre- tion of said court, in proportion to his responsibilities, con- ditioned that he will faithfully perform all the duties of school commissioner of said county, according to the laws #hiqh are or may be in force ; by which bond the obligors 1859. 6 shall be bound jointly and severally, ^tid upon wliicli aii action or actions may be maintained by the board of trus- tees of the proper township, for the use of any township or fund injured by any breach thereof; and joint action may be had for two or more funds.- § 12. The bond required in the foregoing section shall be in the folllowing form, viz : State op Illinois, ? County. ^ Form of bondi Know all men by these presents, that we, A B, C D, and E F, are heM and firmly bound, jointly and severallv, unto the people of the state of Illinote, in the penal sum of -i— ^dollars, to the payment of which we bind oup- fselves, our heirs, executors and administrators, firmly by these presents. lii witness whereof we have hereunto set our hands and seals, this day of -, 1. D, 185-^. The condition of the aboVe obli.Ecation is such, that if the above boundBn A B, school commissioner of the county aforesaid, shall faithfully discharge all the duties of said office according to the laws which now are, or may hereafter be in force, and shall deliver over to his successor in oflSce all moneys, books, papers and property in his hands as such school commis- sioner, then this obligation to be void ; otherwise to remain in full force and virtue. A '■ — B , [seal.] C D , [SEAL.i E F , [seal.] And iviicli borid stall be filed in the office of the county court. Liable to re g -j^g_ ijl^^ g.-^-^l commissioner shall be liable to removal by the- county court^ ( or in counties adopting townshi]) or-- ganization, by the board of supervisors, ) for any j^alpabte violatioti of law or omission of duty ; and if a majority of said cotirt or board of supervisors shall at any time be satis- tied that his bond is insufl&cient, it shall be his duty, on notice, to execute a new bond, to be payable, conditioned and approved as the first bond ; the execution of which, shall not affect ihQ old bond, or the liability cf the security thereof; and when the office of school commissioner shall Vacancy to be Ijecome vacant by death, resignation, or otherwise, tlie poi^ntmeni*^' couiity coui't, or board of supervisors, shall fill the same by appointmeut for the unexpired term, 'and the person so ap- pointed shall hold his office until his successor shall be qualified^ m„ „ „ ..„ § 14. The said commissioner shall provide three well io provide ,"1,1 ,1 ii- iiii a books to keep bouud Doolcs, to DC knoWu and designated by the letters A, an account of B, C, for the following purposes : In book A he shall re- ^les of lands ^qj^,^j ^^^ leiigth all petitions presented to him for the sale of received. commoii school lands, and the plats and certificates of valua- tion made by or under the direction of the trustees of schools^ and the affidavits in relation to the same. In book B he shall keep an account of all sales of common school lands ; which account shall contain the date of sale, name of purchaser, description of lands sold, and the sum sold for. In book C he shall keep a regular account of all ^ 1859. moneys received for lands sold, or otherwise, and loaned or paid out ; the person of whom received, and on what ac- count, and showing whether it is principal or interest ; the person to whom loaned, the time for which the loan was made, the rate of interest, the names of the securities when personal security is taken, or if real estate is taken as secur- ity, a description of said real estate, and if paid out, to whom, when, and on what account, and the amount paid out ; the list of sales, and the accounts of each township mnd to be kept separate. Said books shall be paid for out of the county treasury of the counties in which they are used. § 15. "Whenever the bond of the township treasurer, g^^^jp l^^^. approved by the board of trustees of schools, as required by surer. law, shall be delivered by the trustees of schools, or either of them, to the school commissioner, he shall receive and file the same with the papers of his office. He shall then, on demand, deliver to said township treasurer, who shall receipt therefor, all moneys in his hands belonging to said township ; also, all bonds, mortgages, notes and securities Df every description, for money or property due or to be- come due the township, and all papers of every description belonging to or in anywise, pertaining to the rights or inter- ests of said township ; and the receipt of said treasurer to the school commissioner shall be carefully preserved, and shall be evidence of the facts therein stated, as well in favor of the school commissioner as against the township treasurer. §16. Upon the receipt of the amount due upon the School com- auditors warrant, the school commissioner shali apportion apportioia one-third of said amount to the several townships and parts state funds. of townships in his county, in proportion to the number of acres in said to^mships and parts of townships, and the re- mainino' two-thirds to the several townships and fractional townships in his county, according to the number of white children, under twenty-one years of age, returned to him, in which townships or parts of townships schools have been kept in accordance with the provisions of this act, and with the instructions of the state and county superintendentSj and shall pay over the distributive share belonging to each township and fractional township, as aforesaid to the respec- tive township treasurers^ or other authorized persons, an- nually. When there is a county fund in the hands of any school commissioner, it shall be loaned, and the interest ap- plied as provided in this section with respect to the interest on the state fund. § 17. The school commissioner shall also, on or before To report to the second Monday of JSTovember, before each regular ses- supenntend- sion of the general assemxbly, or annually, if so required by the state superintendent, communicate to said superintend- ent all such information and statistics upon the subjects of schools in the county as the said superintendent is bound to 1859. 8 embody in his report to the governor, and snch other in- formation as the state superintendent shall require. To deli ve r § 18. The school commissioner, npon his removal or re- ''^d^ r™ert^ signation, or at the expiration of his term of service, (or in to successor^ case of liis death, his representatives, ) shall deliver over to his successor in ofhce, on demand, all moneys, books, papers and personal property, belonging to the office, or subject to the control or disposition of the school commissioner. To loan funds. § 19. The scliool commissioner may loan any money, not interest, belonging to the county fund, before the same is called for according to lavs^ by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in rela>- tion to the township treasurers ; and notes and mortgages taken in the name of the " school commissioner" of the proper county, shall be, and all loans heretofore made in the name of " school commissioners, " are hereby, declared to be as valid as if taken in the name of " trustees of schools '" of the proper township, and suits may be brought in the name ol "school commissioners" on all notes and mortn gages heretofore or hereafter made payable to school com- missioners To visit § 20. it shall be the duty of the school commissioner to schools in his yigit, as often as practicable, the several schools of his sounty. county, and to note the common method of instruction and branches taught, and give such directions in the art of teaching, and the method thereof, in each school, as to him, together with the directors, shall be deemed expedient and necessary, so that each school shall be equal to the grade for which it was estabhshed, and that there may be,_as far as practicable, uniformity in the course of studies in the schools of the several grades respectively, and shall carry- out the advice and instructions of the state superintendents Duty, m case § 21^ In all cases where the township board of trustees 'f a^k^r'S-e" °^' ^^^y township shall fail to prepare and forward, or cause turns, ^ ^ "^ ' to be prepared and forwarded, to the school commissioner.^ the information and statistics required of them in this act,- it shall be the duty of said school commissioner to employ a competent person to take the enumeration, and furnish said statistical statement, as far as practicable, to the commis- sioner ; and said person so employed shall have free access to the books and papers of said township, to enable him to make such statement ; and the township treasurer, or other officer or person in whose custody such books and papers may be, shall permit said person to examine such books and papers, at such times and places as such person may desire, for the purposes aforesaid ; and the said school commissioner Compensation shall allow, and pay, to the person so employed by him, for the services, such amount as he may judge reasonable, out of any money which is or may como into said commis- 9 1859. sioner's hands, apjDortioned as the share of or belonging to such township ; and the said school commissioner shall pro-- ceed to recover and collect the amount so allowed or paid for snch services, iii a civil action before any justice of the peace in the county, or before any court having jurisdic- tion, in the name of the people of the state of Illinois, of and against the the trustees of schools of said township, in their individual caj^acity ; and in such suit or suits the said school commissioner ancl township treasurer shall be com- petent witnesses; and the money so recovered, when col- lected, shall be paid over to the school commissioner, for the benefit of said township, to replace the money taken as aforesaid. § 22. When any real estate shall have been taken for May resell real debts due to any school fund, the title to which real estate estate. has become vested in any school commissioner, or trustees of schools, for the use of the inhabitants of two or more townships, the school commiissioner may resell such real estate for the benefit of said townshijDS, under the provisions of this act regulating the sale of the common school lands ; and the said commissioner is hereby authorized to execute conveyances to purchasers; and saicl commissioner shall be entitled to retain the same per centage on the amount of such sale, out of the assests thereof, as he is entitled to for selling the common school lands. TOWNSHIPS — TETJSTEES OF SCHOOLS. f 23. Each congressional township, as surveyed and laid Trustees mads off by authority of "the United States, is hereby established ^^^^ P°''*^"- a township for school ^purposes. The business of. the town- ship shall be done by three trustees, to be elected by the legal voters of the township; and the said township, uj^on the election of ti-ustees as aforesaid, as hereinafter provided for, shall be a body'corporate and politic, by the name and style of "trustees of schools of township ■^ , range ,'^ according to the number. The said corporation shall have perpetual existence, and shall have power to sue and be sued, to plead and be impleaded, in all courts and places where judicial proceedings are had. Said trustees shall continue in ofiice two years, and until others are elected and enter upon the duties of their office. § 24. ]Sro person shall be eligible to the office of trustee Eligibility of of schools, unless he shall be twenty-one years of age, and trustees. a resident of the township. § 26. The election of trustees of schools shall be on the Election of setond Monday in October, biennially, but in townships t^^tees. where such election has not been heretofore had,' or Avhere there are no trustees of schools, the election of trustees of schools may be holden on any Monday ; notice being given as hereinafter in this section required. The first election 1859. 10 Proviso. Further vise. pre- judges and cl'ks of elec- tion. rime, &c , of election. Voters. Tie. YacancY. Poll book de- 1 i V e r e d to commission' r sliall be ordered, if in townships already incorporated, hf the trustees of schools of the township, the township treas- urer giving notice of the time and place, by posting np no- tices of the same at least ten days i3revions to the day of election, at or in the school house, or in the most public place in every school district in the township. If there are no trustees of schools in a township, the clerk of the county court shall cause the notice to be given as aforesaid. For all subsequent elections, the like notices shall be given by the trustees of schools, through the township treasurer: Provided^ that if, npon any day appointed as aforesaid, for election aforesaid, the said trustees of schools, or judges^ shall be of opinion that, on account of the small attend- ance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone saict election until the next Monday, and at the same place and honr ; at which meeting the voters shall proceed as if it were not a postponed or adjourned meeting: And., 'provided also^ that if notice shall not have been given as above required, then, and in that case, said election may be ordered as aforesaid, and holden on the first Monday in ISTovember, or any other Monday; notice thereof being given as aforesaid. § 26. Two of the trustees of schools of incorporated townships, if present, shall act as judges, and one as clerk of said election. If said trustees shall fail to attend, or re^ fuse to act when present, and in townships unincorporated, the qualified voters present shall choose from amongst themselves, three judges and a clerk to open and condnct said election.. § 27. The time ancl manner of opening, conducting and closing said election, and the several liabilities appertaining to the judges and clerks, and to the voters separately and collectively, and the manner of contesting said elections, shall be the same as jii'escribed by the general election laws of this state, defining the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this act : Provided^ the judges may close said election at four o'clock, P. M. § 28. ISTo person shall vote at said election unless lie possesses the qualification of a voter at a general election. In case of a tie at such election it shall be determined by lot, on the day of election, by the judges thereof. § 29. When a vacancy or vacancies shall occur in the board of trustees of schools, the remaining trustee or trus^ tees shall order an election to fill such vacancy, upon any Monday; notice to be given as required in section twenty-^ five hereof* § 30. Upon the election of trustees of schools, the judges of the election shall cause the poU book of said elec- tion to be delivered to the school commissioner of the 11 1859. coiinty, witli a certificate thereon showing the election of said trustees, and names of the persons elected; which poll book, with the certificate, shall be filed by said commis- sioner, and shall be evidence of snch election. § 31. The said trustees of schools, elected as aforesaid, ^^7^^^^/ shall be successors to the trustees of school lands, appointed successors^ by the county commissioners' court, and of trustees of ischools elected in townships under the provisions of " an act making- provisions for organizing and maintainiug com- mon schools " approved February 20, 1811, and of " an act to establish and maintain common schools, " approved March 1, 1847. All rights of property, and rights and causes of action, existing or vested in the trustees of school lands, or trustees of schools appointed or elected as aforesaid for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools as successors, in as full and complete a manner as was vested in the school commis- sioner, [the trustees of school lands,] or the trustees of schools appointed and elected as aforesaid. § 32. It shall be the duty of the township board of trus- ^^^^ing of tees to hold regular semi-annual sessions on the first Mon- days of April and October in each year, and may meet at such other times^ and at such other places as they may think proper ; and the jDresident of the board, or any two mem- bers thereof, may call a special meeting of the board ; and at all meetings of the board, two of its members shall con- stitute a quorum to transact any business. Said board shall organize by appointing one of their number president, and some i)erson, who shall not be a director or member of the board, township treasurer, ^ho shall be ex-officio clerk of Qjgj,]joft,oard the board. The said president and township treasurer shall hold their respective otfices during the term for which that board of trustees, by which they are appointed, shall have been elected, and until their successors are appointed, aiid until their iiewly appointed treasurer has given bond as re- quired by this act ; either of said officers, however, for good cause, may be removed by the board. It shall be the duty of the president, when present, to preside at the meetings erf the board ; and it shall be the duty of the clerk to be present at all meetings of the board, and to record in a book to be provided for the purpose, all their ofiicial proceedings, which shall be a public record, open to the inspection of any person interested therein ; and all said proceedings, when recorded, shall be signed by the president and clerk. If the president or clerk shall be absent, or refuse to perform any of the duties of his office at any meeting of the board, a president or clerk, ^ro temiyore, may be appointed. § 33. Trustees of schools shall lay ofl' the township into To prepare districts to suit the wishes and convenience of a majority of »i'^P. ^^^ the inhabitants of their townships, and shall prepare, or cause to be prepared, a map of their township, as often as 1859, 12 may be necessary, on which shall be designated districtaj to be styled district 'No. ■ , in township JSTo. , whicH they may alter or change at any regular session ; which map shall be certified by the president and clerk of the board, and filed with^ and recorded by the county clerk, in a book to be kept for that purpose, to be paid for out of the county School d i s - treasury : Provided, that school districts may be formed tricts may be out of parts of two or more townships or fractional town- twTor more ^^'^^V^ 5 in which case the trustees of th.Q schools of the town- townships, ships interested shall act in conjunction in the formation of such district. When a new district is formed from one or Funds to be more districts, the trustees shall make division of any tax pTopOTtion to ^^'^^^^ which are, or may be, in the hands of any officer, in taxes collect- proportion to the amount of taxes collected from the pro- ed. perty remaining in each district ; and it shall be the duty of the officer to pay the same on the order of the trustees. '^dTs t?i b ute § ^^' ^* ^^^^^ meeting on the first Monday of April and funds. October, the trustees, having ascertained the amount of state, county and township funds, on hand and ready for distribution, shall apportion the same as follows : First, two ^r" M~i^°^ per cent, to the township treasurer : Second, whatever may be due for the books of the treasurer : Third, any reason- able amount for dividing school lands, making plats, &c. : Fourth, of the balance, one half shall be divided among the districts, in proportion to the number of children, under twenty-one, m each, and the other half in proportion to thB attendance certified in the schedules. Thereupon, the town- ship treasurer shall pay out the money to the several persona to whom it shall be distributed, and hold the balance, if any, apportioned on the schedules, subject to the order of the directors of the proper district. They shall also ascertain the amount of district tax money in the hands of the trea^ surer, and direct him to pay over the same on the order of the directors of the district to which it belongs. Pupils — how § ^'^- Pnpils may be transferred from one district to an- ttansferred. Other, either in the same or in different townships, upon the written consent of the directors of both districts. A school thus formed, shall be under the control of the directors of the district m which it is kept ; but each district shall be liable for its share of all the expenses of the school, in pro- portion to the number of scholars which it sends. A sepor- rate schedule shall be kept for each district, upon the return of which to the trustees of each township from which pupils are transferred, they shall each draw an order on their trekr surer, in favor of the treasurer of the township in which the school is kept, for the amount certified in the schedule. But a majority of the directors of the several districts may unite TJn'on dist's— the whole, or a part of each, into one, and place the' school I ow formedj under the control of the [three] persons whom 1 hey may- appoint, and who shall be styled "Directors of Union School, in District ISTo. — , in Township JSTo ■ , ' who shall Fe 13 1859, a body politic and corporate, with full power to levy taxes in tlie territory composing the union district, and with all other jDowers conferred by this act upon directors. § 30. The board of trustees of each township in tliis Trustees re- state shall prepare, or cause to be prepared by the township port to coun. ti-easurer, the clerk of the board, or other person and for- *7 commis. warded to the school commissioners of the county in which ^'°'^*^''^* the township lies, on or before the second Monday of Octo- ber, preceding each regular session of the general" assembly of this state, and at such other times as may be required by tlie school commissioner, or by the state superintendent of public instruction, a statement exhibiting the condition of schools in their respectiye townships for the preceding- bien- nial period, giving separately each year, conmiencing on the first Mondays of October and ending on the last of Septem- ber ; which statement shall be as follows : 1st. The whole number of schools which have been f aught in each year ; No. of schools, what i^art of said number have been taught by males exclu- sively ; what part have been taught by females exclusively ; what part of said whole number have been taught by males and females at the same thne, and what jDart by males and females at difierent periods. 2d. The whole number of scholars in attendance at ail the schools, giving the number No. of scholars of males and females separately. 3d. The number of male and female teachers, giving each separately ; the highest, No.of teachers lowest and average monthly compensation paid to male and female teachers, giving each item separately. 4th, The number of persons under twenty-one years of age. 6th. No. of persons The amount of the principal of the township fund ; the amount of the interest on the townshijo fund paid into the township treasury ; the amount of state or common school •^"^''^ °^ ^^"^®- fund received by the township treasurer ; the amount raised by ad valorem tax, and the amount of such tax received into the townshi]3 treasury, and the amount of all other funds received into the township treasury. 6th. Amount paid for teachers' wages ; the amount paid for school house lots ; paid out. t3ie amount paid for building, repairing, purchasing, renting and furnishing school houses; the amount paid for school apparatus, for books and other incidental ex23enses for the use of school libraries ; the amount paid as compensation to township ofiicers and others. Tth. The whole amount of the receipts and expenditures for school purposes, together Other informa. with such other statistics and information in regard to quh-'e/bythe Bchools as the state superintendent or school commissioner superintend- may require.. ^^^ § 3Y. In all cases where a township is or shall be divided by a county line or lines, the board of trustees of such town- Separate enu- ehip shall make, or cause to be made, separate enumerations meration to of male and female white persons of the ages as directed in ^^ "'^^• the foregoing section of this act, designating separately the number residing in each of the comities in which such town- 1859. U ship may lie, and forward each respective number to the proper school commissioner of each of said counties ; and in like manner, as far as practicable, all otlier statistics and in- formation enumerated and required to be reported in the aforesaid section, shall be separately reported to the several school commissioners ; and all such parts of said statistical information as are not susceptibie of division, and are im- practicable to be reported separately, shall be reported to the school commissioner of the county in which the sixteenth section of such township is situated, § 38. At each semi-annual meeting, and at such other' meetings as they may think proper, the said township board vouchers^ "^o ^^^^^^ examine ail books, notes, mortgages, securities, papers, be examined, money s and effects of the corporation, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order thereon for their security, preservation, collection, coiTection of errors, if any, and for their proper management, as may seem to said board neces- sary. § 39. The board of trustees of each township in the state may receive any gift, grant, donation or demise made for the Donations. ^^^^ ^^ ^^^^ school or scliools, or library, or other school pur- poses witnin their jurisdiction ; and they shall be, and are hereby invested, in their corporate capacity, with the title, care and custody of all school houses and school house sites ; but the supervision and control of them is expressly vested The control of in the directors of each district in which said property is school houses situated ; and when in the opinion of the school directors, board of di- ^^^ school liouse site has become unnecessary, or unsuifc- rectors. able, or inconvenient for a school, said board shall sell and Convey the same in the name of the said board, after giving at least twenty days' notice of such sale, by ■ posting up written or printed notices thereof, particularly describing said property and terms of sale, and such conveyance shall be executed by the president and clerk of said board, and the avails shall be paid over to the township treasurer fbr the benefit of said district; and all conveyances of real estate, which may be made to said board shall be made to said board in their corporate name, and to their successors in office. When any two or more districts shall be consoli- dated into one, the new district shall own all the corporate property of the several districts; and when a district shall be divided, or a portion set off to another district, the funds, property, or the income and the j)roceeds thereof be- longing to such district shall be distributed or adjusted among, the several parts by the trustees of the town or towns to which such district belongs, and in a just and equitable manner. Money to be § 40, The township board shall cause all m.oneys for the paid to town- use of the townsliip to be paid over to the township treas- Bhip treasur'r -^j-qj.^ They shall have powder, also, to remove the township estate. 15 1859, treasurer at any time, for any failure or refusal to execute or comply with any order or requisition of said board, legally made, or any other improper conduct in the discharge of his duty as treasurer, or at any time they may deem such removal expedient. They shall also have power, for any failure or refusal as aforesaid, to sue him upon his bond. § 41. The township trustees are herel>y vested with gen- Trustees to eral power and authority to purchase real estate, if in tiieir purchase real opinion the interests of the townshij3 fund wiU be promoted thereby, in satisfaction of any judgment or decree wherein the said board or school commissioner are plaintiffs or com- plainants ; and the title of such real estate so purchased shall vest in said board, for the use of the inhabitants of said township, for school purposes ; and, all purchases of land heretofore made by school commissioners, or trustees of school lauds, or trustees of schools, for the use of any fund or township for the use of schools, are hereby declared valid. The said board are hereby vested with general power and authority to make all settlements with persons indebted to them in their ofhcial capacity ; or receive deeds of real estate in compromise ; and to cancel in such manner as they may think proper, notes, bonds, mortgages, judg- ments and decrees, existing, or that may herealter exist, for the beneht of the township, wnen the interest of said town- ghip, or the fund concerned, shall, in their opinion, require it; and their action shah be vahd, Said board of trustees are hereby authorized to lease or sell, at public auction, any land that may come into their possession, in such manner and on such terms as they shall deem for the interest of the township ; Fromded^ that in all cases of sale of land, as provided in this section, the sale shall be made at the same place, and notice given of it in the same manner as is pro- vided in this act lor the sale of the sixteenth section. SCHOOL DIKECTOES THEIE ELECTION AJSTD DUTIES, §42. It shall be the duty of the legal voters in such Election of di- [each] chstrict, to meet at the school house, or other conve- rectors, nient place in the district, on the lirst Monday of September next, and elect three persons within the district, to be styled "School Directors," one of whom shall hold his office for one year, one for two years, and one for three years, to be determined by lot at their tirst meeting. But at each sub- sequent annual election, on the hrst Monday of September, one director shall be elected, who shall hold his othce for three years, and until his successor is elected. The tirst d.ectiou, in newly formed districts, may be held on any Mon- ^^^^l' election, day, notice being given by the township treasurer, as for the thereof!^"*^*^^ election of trustees. The legal voters, when assembled, shall choose three of their number to act as judges, and one as clerk. In case of a tie, the judges shah decide it by lot, Proviso. 1859. 16 on tlie day of election. The directors sliall appoint one of their number clerk, who shall keep a record of all the official acts of the board, in a book provided for the purpose. In l^^otice to be alT elections in school districts, either for the regular annual given. election of directors, or for filling vacancies in the board, or for raising money to build school houses or to extend the terms of schools beyond six months, it shall be the duty of /^ the directors to give at least ten days' notice, by posting up '■••'^ advertisements in at least three of the most public places in Form of ^^® district. The notice shall state the place where such election is to be held, the^ time of opening and closing thfi polls, and the question or questions to be decided. IsTo per- "Who may vote SOU sliall be entitled to vote at any district election, on the to raise mo- qnestion of raisiiig money, unless he shall have resided in the district at least thirty days immediately preceding said election, nor unless he shall have paid a tax in said district the preceding year, or shall have been assessed in such district for the year in which such election is held. After every election of directors, the judges shall cause the poll book to be delivered to the township treasurer, with a cer- tificate thereon shoAving the election of said directors and names of the persons elected, which poll book shall be filed by the township treasurer, and shall be evidence of said elec- tion. If any trustee or director shall not be an inhabitant of the district or township which he represents, an election shall be ordered to fill the vacancy, and no person shall be at the same time a director and trustee, nor shall a director or trustee be interested in any contract made by the board of which he is a member. Directors may § 43. For the purpose of establishing and supporting levy taxes for jl^qq schools for six montlis, and defraying all the expenses poseT."^ ^^''' ^f t^i® same, of every description ; for the purpose of repair- ing and improving school houses; of procuring furniture, fuel, libraries and apparatus ; and for all other necessary incidental expenses, the directors of each district shall be authorized to levy a tax, annually, upon all the taxable pro- perty of the district. They may also appropriate to the pur- chase of lil^raries and apparatus, any surplus funds, after [all] necessary school ex|)enses are paid. Directors to § ^^° ^^ ^^^ meeting prior to the second Monday of make esti- September annually, the directors of each district shall as- mateoffmids certain how much money must be raised by special district reqmred. ^.^^^ i^^^ school purposes during the ensuing year. They shall then find what rate per cent, this amount will require to be levied ; which rate, together with a list of the resident tax payers, shall be certified and returned to the clerk of the county court, on or before the second Monday of September^ The certificate may be m the following form : 17 1859. "Wc li('rel>y certify, that we require the rate of to be levied, for Certificate. school purposes, oil :'ll the taxable property of our district, for the year 18 — . Given uudiT uur hands this day of , 18 — . A. BA Directors district No. , township C. D.>- No. , range No. , county E. F.) of , and state of Illinois." Tlie money tlius raised shall be appropriated by the direc- tors to the various objects for which it was intended. § 45. According to the rate or rates certified as afore- ^^^7 of coun- said, the said county clerk, when making out the tax books ^^ for the collector, should compute each taxable person's tax in said district, taking as a basis the total amount of taxable property returned by the county assessor for that year, lying and being in said district, whether belonging to residents or non-residents, and also each and everj^ tract of land assessed by the assessor, which lies, or the largest part of which lies in said district. The said county clerk shall cause each person's tax so computed to be set upon the tax book, to be delivered to the collector for that year, in a separate column, against each tax payer's name, or parcel of taxable pro- perty, as it appears in said collector's book, to be collected in the same manner, and at the same time, and by the same persons, as state and county taxes are collected : Promded^ Proviso, 'the assessments so made in the years intervening between the regular biennial assessments of real estate as provided "^ in the revenue acts, shall be based upon the tax payer's real estate as assessed at the regular biennial assessment." The computations of each person's tax, and the levy made by the clerk, as aforesaid, shall be final and conclusive : Pro- vided^ farther^ the rate shall be uniform, and shall not ex- ceed tlie rate certified by the board of directors ; and the said county clerk, before delivering the tax book to the col- lector, shall make out and deliver, on demand, to each town- fihip treasurer, of the respective townships in the county, a certificate of the amount due each district in his township, of said tax so levied and placed upon the tax books ; and on or before the first day of April next after the delivery of the tax books containing the computation and levy of said taxes aforesaid, or so soon thereafter as the township treas- urer shall present the said certificate of the amount of said tax, and make a demand therefor, the said county collector shall pay to said township treasm-er the full amount of said tax, so certified by the county clerk, retaining from said amount only two per centum, as his fees for collection, taking of the township treasurer his receipt therefor, which receipt shall be evidence, as well in favor of the collector as against the township treasurer; and said treasurer shall enter the same in his books, under the proper heads, and pay the same out as provided for by this act. When a dig- Districts eom- trict is composed of parts of two or more townships the oT^'^mVre directors shall determine and inform the collector in wi'it- townships. —2 1859. 18 Penalty. Proviso. ing, under tlieir liands as directors, wliich of the treasurers of the townships from which their district is formed shall demand and receive the tax money collected by the county collector as aforesaid. § 46. If any collector shall fail to pay the amount of said tax, or any part thereof, as requu-ed in the aforesaid section, it shall be competent for the township treasurer, or other authorized person, to proceed against such collector and his securities in an action of debt in the county court ; which court is hereby yested with full power and authority to hear and determine all such suits, render judgments and issue execution ; or said suit may be brought in any other court having jurisdiction ; and the said collector, so in de- fault, shall pay twelve per centum upon the amount due, to be assessed, as damages, which shall be included in the judgment rendered against him : Provided^ no collector shall be liable for such part of said tax as he shall be able to make appear he could not have collected b}^ law until he may be able to so collect such amount. § 47. When a district lies in two or more counties, the directors shall return to the clerk of the county court of each county the names of the resident tax payers in each. The clerk of each county shall then furnish the directors the amount of the taxable property of the district, lying in his Certificate to gQ^u^ty, as returned by the assessor of the pre\aous year, count^ clerk* The directors shall then determine and certify the rates to " be levied, and return the certificates to the clerk of each county. For the purpose of building school houses or pur- Directors may (.j^g^gjjjg gchool sites, or for repairing and improving the ' same, the directors, by a vote of the people, may borrow money, issuing bonds executed by the officers or at least two members of the board, in sums of not less than one hundred dollars. But the rate of interest shall not exceed ten per cent., nor shall the sum borrowed in any one year exceed three per cent, of the taxable property of the dis- trict. Nor shall the tax levied in any one year for building a school house exceed two per cent, of said taxable jJi'Operty. 48. The directors of each district are hereby declared a body corpo- body politic and corporate, by the name of " School directors Tate. of district No. , township No. , county of , and state of Ilhnois," and by that name may sue and be sued in all com'ts and places whatever. Two directors shall be a quorum for business. The directors shall be liable, as di- rectors, for the balance due teachers, and for all debts legal- ly contracted. They shall establish and keep in operation, for at least six months in each year, a sufficient number of free schools for all the children in the district, over the age of five and under twenty-one years. They may adopt all necessary rules and regulations for the management of the schools, and shall visit and inspect the same as often as ney. Direct'rs made Directors lia- ble for bal- an c e due 'teachers, &c. 19 1859. practicable. They shall appoint all teachers, fix the amount Powers of di- of their salaries, and may dismiss them for incompetency, '^^^^^'^s- cruelty, negligence or immorality. They may direct what branches shall be tauglit, and may suspend or expel pupils found guilty, on full examination, of refractory or incorrigi- bly bad conduct. No school site shall be purchased, nor shall a school house be erected, located, purchased or wiien vote changed, nor shall a tax be levied to extend schools beyond must be ta- six months, without the consent of a majority of the votes ®°* cast at an election, the notice of which shall state the ques- tions to be decided, and shall be given as required in the forty-second section of this act. OF JUDGAIENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES OR SCHOOL DIRECTORS. § 49. If judgment shall be obtained against any town- Judgment and ship board of trustees or school directors, the party entitled ^^f c utioa to the benefit of such judgment may have execution there- tfeTaad dt for, as tbllows, to-wit: it shall be lawful for the court in rouiors. which such judgment shall be obtained, or to which such judgment shall be removed, by transcript or appeal Irom a justice of the peace or other court, to issue thencu a writ, commanding the directors, trustees and treasurer cf such township to cause the amoftnt thereof, with interest and costs, to be paid to the party entitled to the benefit of said judgment, out of any moneys, unappropriated, of said townships ; or if there be no such moneys, ou; of the first moneys appKcable to the payment of the kind of services or indebtedness for which such judgment sluiU be obtained, which shall be received for the use of sucli town, sliip ; and to enforce obedience to such writ by attachment- or by maadamics, requiring such board to levy a t.,x for the payment of said judgment ; and all legal process, as well as writs to enforce payments of a judgment, shaU be served either on the president or clerk of the board. EXAMINATION AND QUALIFICATION OF TEACHERS. § 50. The school commissioner shall, either by himself Examinatioa or any person or persons whom he shall appoint, examine ^^'^^ ^^^' such person or persons proposing to teach a connnon school in the county, in relation to his or her quahfication to teach orthography, reading in English, penmanship, arithmetic, EngHsh grannnar, modern geography and the History of the United States; and if he or they shall be satisfied that such person sustains a good moral character, and is qualified properly to teach all the aforesaid branches, he or they shall give such j^erson a certificate of qualification ; which certi- ficate slnill l»e good and valid in said county for two years 1859. 20 from tlie date thereof, and said certificate may be renewed, at its expiration, by indorsement thereon by the said com- missioner or examiners. And the said commissioner may Commissioner revoke said certificate for gross immorality, incompetency, ^rUficate! ^ ^^' other adequate cause. The said certificate to the teacher may be in the following form, viz : Formofcerti- ^, , . . , Illinois,- 18—. ficate. '■^^ undersigned having examined , and being satisfied that sustains a good moral character, hereby certify that is qualitied properly to teach the following branches, viz: orthography, reading in English, pen- manship, arithmetic, English grammar, modern geography, and the History of the United States ; which certificate is good and valid in said county for two years from the date hereof, renewable at the option of the school com- mi sioner, or of any two members of the board of examiners, by his or their indorsement thereon. Given under hand, at the date aforesaid. A B, School Commissioner. -jj, -r,' >■ JSxaminers. Proviso. I^ovided, that each and every school or schools, of what- ever grade, established or authorized to be estabhshed under the provisions of this act, shall be a school or schools for the purpose of teaching various branches of an English educa- tion ; and no part of the common school fund, township fund, or of any other school fund, shall be paid out or ap- propriated for the establishing, conducting, or the support- ing in any manner of any other character or class of school or schools, as aforesaid designated : Provided, that nothing herein contained shall prevent the teaching a foreign language in a common school, as aforesaid. Meetings for § ^1- ^^ shall be the duty of the school commissioner to examination fix upon the time of holding meetings for the examination of teachers, ^f teachers, in such places in their respective counties, as will, in their opinion, best accommodate the greatest number Publication of of candidates for examination ; notice of all such meetings notice. having been published in some newspaper of general cir- culation ; and all teachers who do not attend at the ap- pointed time for said examination, shall pay to the school commissioner one dollar for their certificate. TEACHERS THEIK DUTIES. Exhibit certi- § 52, 1^0 teacher shall be entitled to any portion of the ficate. common school or township fund, or other public fund, or be employed to teach any school under the control of any board of directors of any school district in this state, who shall not, before his employment, exhibit to said board, or to a committee of said board, a certificate of qualification obtained under the provisions of this act ; nor shall any teacher be paid any portion of the school or public fund aforesaid, unless he shall have kept and furnished schedules 21 1859. as herein directed: Provided^ if the directors of a district Proviso, shall certify that they are unable to procure a teacher com- petent to teach the branches required by this act, the com- missioner shall issue a certificate of qualiiication to teach such branches as said directors may specify; which cer- tificate shall be vaUd only is said district, and for one year, § 53. Teachers shall make schedules of the names of all Schedules, scholars under twenty-one years of age, attending their schools, in the form prescribed by this act; and when scholars reside in two or more districts, townships or coun- ties, separate schedules shall be kept for each district, town- ship or county, and the absence or presence of every scholar shaU be set down under the proper date, and opposite the name, on every day that school is open, and the absence of a scholar shall be signified by a blank — the presence by a mark. The schedule to be made and returned by the teacher shall be, as near as circumstances will permit, in the following form, viz : SCHEDULE of a common school kept hy A B, at , in district number Form of fsche- , in to'wnship number , range nutnher , of the pi incipal dule. meridian, in the county of , in tJve state of Illinois. m to t^ GO OJ M CO ^ lO OT CT^ O CM m JO t^ CO S3 u r-l I— ( f-H i—( i-H W c^ -, o ■a o Names of scholars at- 3 tending my school, P :: - i :: Z S S - - - :; 5 i -:. z s :: z Cj and residing xn dis- cS ^ ^ ^ f^ o trict number , in township north, >k -3 ^ ca 1 ca 15 01 >:. 03 ^. ^ Tl -c a V^ r1 T3 a J2 ^ 73 'CJ n (2 ci t; 3 '/^ a •TS county. a o on a) s -a 1 fH a o 3 B O 3 o 3 3 o d o 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ] 1 1 1 1 1 1 1 ] 1 1 1 1 ! 1 1 1 1 1 1 1 1 1 H John Smith 14 11 Sarah Dnnforth 20 Mary Newman.... 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 19 Grand total number of days 64 And said teacher shall add up and set down the whole number of days' attendance of each scholar, and add up said whole numbers, and make out the grand total number of days' attendance, as in the form above prescribed, and shall attach thereto his certificate, which shall be in the fol- lowing form, viz : I certify that the foregoing schedule of scholars attending my school, as therein named, and residing as specified in said schedule, to the best of my knowledge and belief, is correct ; and that it was a school for the purpose of teaching various branches of an English education. A B, Teacher. 1859. 22 Schedules to When tlie teaclier shall have completed his or her sched- t^d^^^^t^r*^ iile or schedules, as above required, he or she shall deliver it to some one of the directors, and it shall be the duty of said director, in connection with one other director of^ the board, to carefully examine such schedule or schedules, and, after correcting all errors, and if they shall find such • schedule to have been kept according to law, they shall certiiy to the same, as near as practicable, in the following form, viz : rorraof certi- State of Illinois > ^ ficate County, S We, the undersigned directors of , in township number , range number , in the county aforesaid, certify that we have examined the foregoing schedule, and find the same to be correct, and that the school was conducted according to law. That there is now due said C D, teacher, as per contract, the sum of dollars and cents, and that the said teacher has a legal certificate of good moral character, and of qualifica- tion to teach a common school (or of such a grade as the case may be). Witness our hands, this ' day of , A. D. 185 — . n' T» ' c Directors. Schedules to Which schedule or schedules, certified as aforesaid by at be filed. least two directors, shall be filed by said directors with the township treasurer ; and until such schedule and report, as aforesaid, shall have been filed as aforesaid, it shall not be lawful for said treasurer to pay said teacher, or any two members thereof to draw an order in favor of said teacher. Directors lim- § ^^- School directors shall certify no schedule that ited as to reaches back to a time more than six months from the time date of sche- fixed by law for the regular return and presentation of duie. schedules to the school directors. Schedules made and cer- tified, as aforesaid, shall, at least two days before the first Monday in April and October, be delivered by the directors to the township treasurer. TOWNSHIP TEEASUKEK HIS DUTIES. Treasurers to § S5. The township treasurer appointed by the board of give bond, trustees, shall, before entering upon his duties, execute a bond, with two or more freeholders, who shall not be mem- bers of the board, as securities, payable to the boai'd of the township for which he is appointed treasurer, with a suffi- cient penalty to cover all liabilities which may be incurred, conditioned faithfully to perform all the duties of township treasurer, in township , range , in county, according to law. The security shall be approved by at least a majority of the board, and shall be delivered by one of the trustees to the school commissioner of the proper county. And in all cases where such treasurer afore- said is to have the custody of all bonds, mortgages, moneys and efiects denominated principal, and belonging to the 23 1859. township for wliicli lie is appointed treasurer, the penalty of said treasurer's bond shall be twice the amount of said bonds, notes, mortgages, moneys and effects. And every township treasurer appointed subsequent to the first, as herein pro- vided, shall execute bond, with security, as is recjuired of the first treasurer. The bond required in this section shall be in the following form, viz : State of Illinois, \ County, J Enow all men by these presents, that we, A B, D and E F, are held and Form of bond. firmly bound, jointly and severally, unto the board of , in said county, in the penal sum of dollars, for the payment of which we bind our- selves, our heirs, executors and administrators, firmly by these presents. In witness whereof, we have hereunto set our hands and seals this day of , A. D. 18—. The condition of the above obligation is such, that if the above bounden A B, township treasurer of township , range , in the county aforesaid, shall faithfully discharge all the duties of said ofiBce, according to the laws which now are or may hereafter be in force, and shall deliver to his successor in office all moneys, books, papers, securities and property in his hands ns such township treasurer, then this obligation to be void, otherwise to remain in full force and virtue. A. B. [seal.] C. D. [seal.] E. F. [seal.] Approved and accepted by G. H.,'j I. J., y Trustees. K. L.,J § 56. Every township treasurer shall provide himself '^^ P^J^*^"^^^^^ with two well bound books, the one to be called a cash book, ^^^^ account the other a loan book. He shall charge himself in the cash of money re- book with all moneys received, stating the charge, when, ceived. from whom and on what account received ; and credit him- self with all moneys paid or loaned, the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securities, or if real estate be taken, a de- scription of the same. He shall also enter in separate ac- counts moneys received and moneys paid out, charging the first to debit account, and crediting the latter as follows, to- wit: 1st. The principal of the township fund, when paid in, and when paid out. 2d. The interest of the township fund, when received and when paid out. 3d. The common school fund, and other funds, when received from the school commissioner, and when paid out. 4th. The taxes receiv- ed from the county collector, distinguishing between that for general school purposes and that levied for the purpose of piolonging schools. 5th. Donations received. 6th. Moneys coming from all other sources ; and in all cases en- tering the date when received and when paid out ; and he shall also arrange and keep his books and accounts in such other manner as may be directed by the state or county superintendent, or the board of trustees. He shall also pro- 1859. 24 vide a book, to be called a journal, in whicli he shall record fully and at length the acts and proceedings of the board, their orders, by-laws and resolutions ; which book shall be at all times subject to the inspection of said board, or other persons authorized by this act, or of any committee ap- pointed by the inhabitants of the township to examine the same. And he shall also provide a boc/k to be called a record, in which he shall enter a brief description of all notes or bonds belonging to the township, and upon the op- posite page he shall note down when paid, or any remarks to show where or in what condition it is, as in the following form, viz: FOfEQ. Makers' names. Date of note, When due. Amount. Remarks. A B, C D, EF. January 1st, 185-. January Isl, 185-. |90 00 January 6, 185-, hand- ed to I J, esq , for collec- tion (or Jan. ti, 1 85-, paid). To loan funds. § 57. The township treasurers shall loan, upon the fol- lowing conditions, all moneys which shall come to their hands by virtue of their office, except such as may be sub- ject to distribution. The rate of interest shall be ten per centum per annum, payable half yearly in advance. The time for which loans shall be made shall not be less than six months nor more than live years. For all sums not exceed- ing one hundred dollars, loaned for not more than one year, two responsible securities shall be given ; for all sums over one hundred dollars and for all loans for more than one year, security shall be given by mortgage on i-eai estate, un- incumbered, in value double the amount loaned, with a con- dition that in case additional security shall at any time be required, the same shall be given to tlie satisfaction of the board of trustees for the time being. ISotes, bonds, mort- gages and other securities taken for money or other pro- perty, due or to become due to the board of trustees for the township, shall be payable to the said board by their corpor- ate name; and in such name suits, actions and complaints, and every description of legal proceedings, may be had for the recovery of money, the breach of contracts, and for every legal liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of Proviso. this corporation: Provided^ however^ that notes, bonds, mortgages and other securities in which the name of the school commissioner, or of the trustees of schools, are insert- ed, shall be valid to all intents and purposes ; and suit shall be brought in the name of the board of trustees as aforesaid. The wife of the mortgager (if he has one) shall join in the 25 1859. mortgage given to secure the ]3ayment of money loaned by virtue of tlie provisions of this act. § 58. Mortgages to secure the payment of money loaned under the provisions of this act may be in the following form, viz : I, A B, of the county of , and state of , do hereby grant, con- vey and transfer to the board of trustees of township , range , ^^^"^ ^^ mort- in the county of , and state of Illinois, for the use of the inhabitants S^g®- of said township, the following described real estate, to wit : (Here insert premises.) Which real estate I declare to be in mortgage for the payment of dollars loaned to me, and for the payment of all interest that may accrue thereon, to be co'.nputed at the rate of per cent, per annum until paid. And I do hereby covenant to pay the said sum of money in years from the date hereof, and to pay interest on the same at the rate aforesaid half- yearly in advance. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance ; and that I will pay all taxes and assessments which may be levied on said estate ; and that I will give any additional security that may at any time be required by said board of trustees ; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or covenants herein contained, I will deliver immediate possession of the pre- mises ; and in consideration of the premises, C, wife of said A B, doth here- by release to the said board all her right and title of dower, in the afore- granted premises, for the purposes aforesaid. In testimony whereof we have hereunto set our hands and seals, this day of , 18—. A. B., [seal.] C. D., [seal.] "Which mortgage shall be acknowledged and recorded, as Mortgage to is required by law for other conveyances of real estate, the ^^ recorded, mortgager paying the expenses of acknowledgment and re- cording, and tifty cents as a fee to the township treasurer. § 59. Upon the breach of any condition or stipulation contained in said mortgage, an action may be maintained and damages recovered as upon other covenants ; but mort- gages made in any other form to secure payment as afore- said shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to secure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed shall not be included. § 60. In all cases where the board of trustees shall re- Additional se- quire additional security for the payment of money loaned, curity. and such security shall not be given, the township treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon, to the date of judgment: Provided, tiiat proof be made of the said requisition. In the payment of debts by executors and administrators, those due the common school or township fund shall have a preference over all other debts, except funeral and other exj^enses at- tending the last sickness, not including the physician's bill. And it shall be the duty of the township treasurer to attend at the oflace of the probate justice upon the proper day, as 1869. 26 otlier creditors, and have any debts dne as aforesaid pro- bated and classed, to be paid as aforesaid. Default in pay- g Qi^ jf default be made upon tlie payment of interest ment ot in- t ^ , -, ^ ^ -, ^-i"^ . . terest. *-^^^ upon money loaned by any school commissioner or township treasurer, or in the payment of the principal, in- terest at the rate of twelve per cent, per annum shall be charged upon the principal and interest from the day of de- fault, which shall be included in the assessment of damages, or in the judgment in suit or action brought upon the obli- gation to enforce payment thereof; and interest as aforesaid may be recovered in action brought to recover interest only. And the said township treasurers are hereby empowered to Bring suit. bring appropriate actions, in the name of the board of trus- tees, for the recovery of the half-yearly interest, when due and unpaid, without suing for the f»rincipal, in whatever form secured, and justices of the peace shall have jurisdic- tion in such cases of all sums under one hundred dollars. All suits and § 63. All suits brought, or actions instituted under the actions bi-o't provisions of this act, may be brought in the name of the m tne name f,-, i /? , , (^ , ^ • " rtY days next anterior to the day of sale, describ- ing the land, and statir.g the time, terms and place of sale ; and if any newspaper is published in said county, said ad- vertisement shall be printed tlieroin for four weeks before the day of sale — if none, then it shall be scild under the no- tice aforesaid. School com § SS. upon the day appointed, the school commissioner missioaer to shall proceed to make sales, as follows,, viz : He shall begin, make sales. .^^ |.|,q xo^^ggt mimber of lots and proceed regularly to the highest, till all are sold or offered. J^To lot shall be sold for less than its valuation by the trustees. Sales shall be made between the hours of ten o'clock A. M. and six o'clock P., M.., and may continue from day to day. The lots shall be cried separately, and each lot cried long enough to enable any one pi'esent to bid wdio desires it. payment to be | 89. Ujjon closiug the sales each dajf, the purchasers secured. gj-^g^p qq^qI^ pg^^^ q^. secure the payment of the purchase money, according to the terms of sale; or in case of his lailure to do so by ten o'clock tlie succeeding day, the lot purchased shall be again offered at pul>lic sale, on the same terms as before,, and if the valuation or more shall l)e bid, shall be stricken off'; but if the valuation be not bid, the lot shall be set down as not sold. If the sale is or is not made, the former pur- chaser shall be recpiired to pay the difference betv/een his bid and the valuation of the lot; and in case of his failing to make such payment, the school connnissioner may forthwith institute an action of debt or assumpsit, in his name, as com- missioner, for the use of the inhabitants of the township where the land lies, for the required sum; and upon making proof^ shall be en.titled to judgment, with costs of suit;, which, when collected^ shall be added to the principal of the township fund. And if the amount claimed does not exceed one hundred dollars, the suit may be instituted before a justice of the peace; but if more than that sum, then in the circuit court of any county wherein the party may be found. Unsold- lands § ^0. All lands not sold at public sale, as herein provid- subject to edtor, shall be subject to sale at any time thereafter, at the sale at valua- valuation ; and school commissioners are authorized and re- *^^^^' quired, when hi their power, to sell all such lands at private sale, upon the terms at which they are offered at public sale.. Trustees t^ § 91. In all cases where common school lands have been cause a new heretofore valued, and have remained unsold for two years, valuation. ^^^^^, having been offered tor sale, or shall hereafter remain unsold for that length of time, aftei- being valued and offer- ed for sale in conformity to this act, the trustees of schools where such lands are situated may vacate the valuation thereof, by an order to be entered in book A, of the school commissioner, and cause a new valuation to be made, if in 3T 1859. their opinion tlie interests of tlie township will be promoted therehy. They shall make said second valuation in the same manner as the first was made, and shall deliver to the school commissioner a plat of snch second valuation, with the order of vacation, to be entered as aforesaid ; whereupon said school commissioner shall proceed in selling said lands in all respects as if no former valuation had been made : Provided^ that the second valuation may be inade by the Proviso, trustees of schools, without i^etition as provided in this act. § '92. Upon the completion of every sale by the pur- Cei't'ficatGs of chaser, the school commissioner shall enter the same on book p^rdiase. B, and shall deliver to the purchaser a certificate of pur- diase, stating therein the name and residence of the pur- chaser, describing the land and the price paid therefor; which certificate shall be evidence of the facts therein stated. § 93. At the first regular term of the county court in Statement of each year, the school commissioner sliall present to the court '^'^^ sch.coi of his county — first, a statement showing the sales of school ^o ' cmirW lands made subsequent to the first regular term of the pre- court, vious year, which shall be a true copy of the sale book, (book B;) second, statements of the amount of money re- ceived, paid, loaned out, and, on hand, belonging to each township or fund under his control — the statement of each fund to be separate ; third, statements copied from his loan book, (bookC. ) showing all the facts in regard to loans which are required to be stated upon the loan book ; all of which the county court shall thereupon examine and com- pare with the vouchers, and the said county court, or so many of them as may be present at the term of the court, shall be liable individually to the fund injured, and to the securities of said school commissioners, in case judgment be recovered of said securities, for all damages occasioned by a neglect of the duties, or any of them, required of them by this secti^3n : Provided, nothing herein contained shall be Proviso, ■construed to exempt the securities of said school commissioner from any hability as such securities, but they shall still be liable to the fund injured the same as if the county commis- sioners were not liable, § 91. The school commissioner shall also, at the time Transcript to aforesaid, transmit to the auditor of irablic accounts a full \^^ l°'d^Tor^^ and exact transcript from book B of all the sales made sub- sequent to each report. The statement required to be pre- sented to the county court, shall be preserved and copied by the clerk of said court into a well bound book kept for that purpose ; and the list transmitted to the auditor, shall be filed, copied and preserved in like manner. § 95. Every j)m'chaser of common school land shall be Purchasers to entitled to a, patent from the state, conveying and a'ssuring ^g^r^^ ^ *"" ^he title. Patents shall be made out b,y the auditor from re^ 1S59. m turns made to him by the scliool commissioner. Tliej siiail contain a description of the land granted ; and shall be in the name of and signed by the governor, comitersigned by the auditor, with the great seal of the state affixed thereto by the secretary of state, and shall operate to vest in the purchaser a perfect title in fee simj^le. When patents are executed as herein required, the auditor shall note on the list of sales the date of each patent, in such manner as to perpetuate the evidence of its date and delivery, and there- upon transmit the same to the school commissioner of the proper county, to be by him delivered to the patentee, his' heirs or assigns^ upon the return of the original certificate of purchase ; which certificate, when returned^ shall be filed . and preserved by the school commissioner. Dsplifiate co- | 96. Purchasers of common school lands, and their pies. heirs and assigns, may obtain duplicate copies of their cer- tificates of purchase, and of patents, upon filing afiidavit with the school commissioner in respect to certificates, and with the auditor in respect to patents, proving the loss or destruction of the originals ; and such copies shall have all the force and effect of the originals. ACTS EEPEALED ^PUBLIC ATI OIT AND DISTEIBIJTiOlSr OF THE ACTj /u'ts repealed. g 97, An act entitled " An act to establish and maintain common schools,- " approved February 12th, 1849, and an act to amend said act, approved February 12th, 1851, and an act entitled " An act to increase the school fund, " ap- proved Febniary 10th, 1863, and all other acts and parts of acts coming in confijct with the provisions of this act, are hereby repealed. This act to be in force from and after its passage. Number 0? co- | 98, The public printer is hereby required to print I'les to be ^i^^j.^y thousand copies of a circular from the State Superin- distributed, tendent, including these amendments, for immediate distri- bution, and also fifty thousand copies of the whole act, as amended, under the direction of the Superintendent of Pub- lic Instruction, and to be distributed by him to the several eounties of the state, according to population. Apfkoved Feb. 21, 1859. In forne Feb. -^N ACT for the establishment and maintenance of a Normal Uuivyrsity. IS, 1S59. Section 1. £e it enacted hy the People of tJie State o^ Illinois, represented in the General Assembly, That C. Corporators. Demo, of JoDaviess county, Simeon Wriglit, of Lee county, 39 185P. Daniel Wilklils, of McLean county, C. E. Hovey, of Peoria comity, George B. Eex, of Pike county, Samuel W. Moul- ton, of Shelby county, John Cxillespie, of Jasper comity, George Bmisen, of St. Clair county, Wesley Sloan, of Pope county, ISTinian W. Edwards, of Sangamon county, John Eden, of Moultrie county, Flavel Mosely, of Cook county, Wm. H. Wells, of Cook county, Albert R. Shannon, of White county, and the superintendent of jDublic instruction, ■ex ojficio, with their associates, who shall be elected as herein provided, and their successors, are hereby created a body corporate and politic, to be styled " The Board of Educa- Style, tion of the State of Ilhnois," and by that name and style shall have perpetual succession, and. have power to contract General pow^ and be contracted with, to sue and be sued, to plead and be imj)leaded, to acquire, hold and convey real and personal property, to have and use a common seal, and to alter the same at pleasure ; -to make and establish by-laws and alter or repeal the same as the}^ shall deem necessary for the gov- ernment of the normal university hereby authorized to l^e established or any of its departments, officers, students or ismploj^ees, not in conflict with the constitution and laws of this state, or of the United States ; and to have and exercise all powers, and be subject to all duties usual and incident 10 trustees of corporations. § 2. The superintendent of public instruction, by virtue Supeiiutend't. «f his office, shall be a member and secretary of said board, and shall report to the legislature at its regular sessions the condition and expenditures of said normal university, and communicate such further information as the said board of education or the legislature may direct, § 3. Ko member of the board of education shall receive Members not any compensation for attendance on the meetings of the compe'nsatir board, except his necessary traveling expenses; which shall be paid in the same manner as the instructors employed in the said normal university shall be paid. At all the stated and other meetings of the board, called by the president or secretary, or any live members of the board, five members shall constitute a quorum, provided all shall have been duly notified. § 4. The objects of the said normal university shall be Object of as- to qualify teachers for the common schools of this state, by sociatwn. 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 vegetable pliysiology, in the funda- mental laws of the United States and of the State of Illinois in regard to the rights and duties of citizens, and such other studies as the board of education may from time to time prescribe. 1859. ' .40 Time of meet- | 5. The boai'cl of education shall hold its first meeting ^"§ ^^ ^'^^'■'^ at the office of the superintendent of pnblic instruction, on ' the first Tuesday in May next, at which meeting they shall appoint an agent, fixing his compensation, who shall ^dsit the cities, villages, and other places in the state, which may be deemed eligible for the purpose, to receive donations and proposals for the establishment and maintenance of the nor- mal university. The board shall have power and it shall be their duty to fix the permanent location of said normal uni- versity at the place where the most favorable inducements are offered for that purpose : Provided^ that such location shall not be difficult of access, or detrimental to the welfare and prosperity of said normal university. Appoint prin- § 6. The board of education shall appoint a principal, cipai and lee- lecturer on scientific subjects, -instructors and instructresses^ turer. together with such officers as shall be required in the said normal university, fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause^ after having given ten days' notice of any charge which may be duly presented and ]'ea- sonable opportmnty of defence. They shall also prescribe the text JDOoks, apparatus and furniture to be used in the uni- versity, and provide the same ; and shall make all regula- tions necessary for its management. And the board shall have power to recognize auxiliary institutions when deemed practicable : Provided^ that such auxiliary institutions shall iUaryr '^"^ ^ot receive any appropriation from the treasury, or the sem- inary or university fund. Each counV § 7. Each county v/ithin the state shall be entitled to entitled to gratuitous instruction for one pupil in said normal univer- struction for ^i^J 5 ^^'^ each re]3resentative district shall be entitled to pupils. gratuitous instruction for a number of pupils equal to the number of representatives in said district, to be chosen in the following manner: The school commissioner in each county shall receive and register the names of all appli- Application of cants for admission in said normal university, and shall pre- pupils, gent the same to the county court, or, in counties acting under townshij) organization, to the board of super^dsors^ which said county court or board of supervisors, as the case may be, shall, together with the school commissioner, ex- amine all applicants so presented in such mauner as the board of education may direct, and from the number of such as shall be found to possess the recjuisite cjualifications, such Selected by pupils shall be selected by lot ; and in representative dis- •*^t- tricts composed of more than one county, the school commis- sioner and county judge, or the school commissioner and chairman of the board of supervisors, in counties acting under township organization, as the case may be, of the sev- eral counties composing such rej)resentative district, shall meet at the clerk's office of the county court of the oldest Text books. Provide 41 " 1859. county, and from the applicants so presented to tlie coniity court, or board of supervisors, of the several counties repre- sented and found to possess' the requisite qualifications, shall select by lot the number of pupils to which said district is entitled. The board of education shall have discretionary power, if any candidate does not sign and file with the sec- Eequiivd to retary of the board a declaration that he or she will teach ^}^ dedara- in the public schools within the state, in case that engage- *^°"' meuts can be secured by reasonable efforts, to requiresach candidate to provide for the payment of such fees for tuition as the board may prescribe. § 8. The interest of the university and seminary fund, Appropriation or such part thereof as may be found necessary, shall' be and is hereby appropriated for the maintenance of said normal university, and shall be paid on the order of the board of education from the treasury of the state ; but in no case shall any part of the interest of said fund be applied to the pm'chase of sites, or for buildings for said university. § 9, The board shall have power to appropriate the one tliousand dollars received from the Messrs. Meriams, of Springfield, Massachusetts, by the late superintendent, to the purchase of apparatus for the use of the normal univer- sity, when established ; and hereafter, all gifts, grants and demises which inay be made to the said normaf university shall be applied in accordance with the wishes of the donors of the same. § 10. The board of corporators herein nahaed and their Teim of office, successors, shall each of them hold their office for the term of six years : Provided^ that at the first meeting of said board, the said corporators shall determine by lot, so that ome-third shall hold their office for two years, one-third for four years, and one.-third for six years. The governor, by Vacancies, and with the advice and consent of the senate, shall fill all l^ow filled, vacancies which shall at any time occur in said board, by appointment of suitable persons to fill the same. I 11. At the first meeting of the board, and at each Elect presi- biennial meeting thereafter, i't shall be the duty of said ^^^^ board to elect one of their number president, who shall «erve 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 ^7°g"*g™J°^* the board to appoint a treasurer, who shall not be a member ° ^easur r, of the board, and who shall give bond with such security as the board may direct, conditioned for the faithful discharge of the duties of his office. § 13. This act shall take effect on and after its passage^ and be published and distributed as an appendix to tlie school law. Approved Feb. 18, 1857. i:t^DEi: PAGE. Accounts of treasnrer, how to be kept 23 Acste, this act not to repeal special acts.- 32 ■what, repealed by this act S8 this to be in force, when.; 38 how many copies of this to be printed 38 how to be distributed.. 3? Actions. See " Suits." Advertisement of sale of school lands. , 35 see "Notice." Apportionment, how made among townships 7 funds to schools compos'd of different districts 12 how made in forming new districts 12 Attachment, in what cases, may issue... 19 Auction, lands may be sold at, by trusteess 15 Auditor of public accounts, his duties 29 ghall make dividends of school funds 29 shall issue warrants for same 29 to be furnished with transcripts of sales....... 37 shall issue patents to purchasers of school lands , .^7 inay issue duplicate copies of patents..; 38 Bonds, of superintendent. „ , 3 of school commissioners 5 form of 6 of township treasurer, where to be filed. 7 directors may issue for borrowed money. 18 how such are to be execiated 18 of township treasurer „ 23 Bo(&s, for school coimr^issioDer, how paid for.,.. 3 Causes (jf action, existing to remain valid 32 See "Suits." OrtLficates, of board of directors 17 of teachers i 20 of teachers, to bs attached ti^schediiles 21 form of ' 21 of directors, to be attached to schedules...... 22 form of , 22 of purchase to be given 37 of purchase, duplicates may issue... 38 Clretilars, to be issued by superintendent 4 Cities. See " Towns aid Cities." Clerk of board of trustees, how appointed..j 11 duties of. 11 must join in executing conveyances ]4 Off board of directors., 16 Of board of directors to sign bonds 18 ftounty, to make computation of taxes 17 oominitation to be final .■ •■ 17 Aall deliver to treasurer certificate of amouiit due , 4. 17 itow to proceed where a district is in two counties. 18 6o1]9Ctor, county to paj- over taxes to township treasurer.. 17 in case of refusal to pay over, may be sued... 18 cot liable for taxes he could not collect. 18 to pay over taxes on warrant of auditor....... 29 to pay gold and silver, 29 PAGE. Collector may bo proceeded against in county court 2& compensation of 3G Compensation, of superintendent 5 of collectors 30' of commissioners..... 30 of township treasurers 30 of f^ounty treasurers.- 30 Common school lands. See " Lands " and " Heal Estate." Common school funds. See " Funds " and "Mo- neys." Commissioners. See " School Commissioners." Comprojcnise, may be made by trustees 16 Consolidation of two or more districts 14 Contracts, to remain valid 32 directors shall not be interested in 16 Conveyances, of school sites, how executed 14 to trustees, how to be made 1$ of school lands, how made 37 Costs, none to be charged against school oflScers, in certain cases.. 32 of suits for trespassing on school lands 34 See "Suits." Counties, not collecting funds, t© receive none 9S how taxes are to be distribnted to 29 Courts, county, may remove school commission- ers 6 may require new bond from commissioners... 6 invested with jurisdiction in certain cases...- 18 shall have jurisdiction in trespass to school lands 34 shall have jurisdiction in actions against collectors - 2? fiamages inay be awarded against collector !$■ may be awarded on breach of mortgage 25 Devise, may be bequeathed to trustees 14 Debts, due to schools, to be first paid 26 Directors, school or district, dtity of, to transfer pupils.. 12 to have control of schools formed from two or more districts 12 to draw orders for money 12 to pay share of expenses 12 to have control of school houses, &c 14 may convey school site: 14 election of 15 in case of vacancy in board of, how filled 16 to appoint a clerk... K( shall not be trustees - 16 shall not be interested in contracts 16 may levy a tax for school purposes 16 shall determine amount necessary to be raised for school purposes.. Mi shall determine what rate per cent, shall be levied 1^ shall make known estimates, with a list of tax payers to county clerk by certificate... 16 form of certificate .- If shall inform collector, where districts are composed of several townships, to what treasurer to pay over taxes IT how to proceed where a district is in two cotinties ..< 10 ii] mDEX. Directors, school or district — may borrow money 18 to "be a body corporate, Ac 20 may piirchase libraries , 16 .shall establish schools, erect houses, n roads and serving on .inries 30 liabilities of 30 penalty for failing to perform duties 31 heretofore appointed, to continue in office until successors are elected 32 See "Officers of schools." Directors of union schools, how appointed, and their duties 12 Distribution, how made in formin.s; new districts, 13 how mad.e in dividing districts 16 of taxes, to counties 29 Districts, school, maybe formed from two or more townships 12 pupils, from two or more, may be transferred, 12 when several districts are consolidated, new district to own the property 14 in case of division of. funds to be distributed, 14 when composed of two or more townships, howto collect taxes 17 when situated in two counties, how taxes ai'e to be co'lected 18 Mvidends, of school tax, to be declared by audi- tor 29 to be paid on auditor's warrants 29 Elections, of superintendent of public instrv. ction 3 of school commissioners ,5 of trustees of schools 9 trustees to act as judges and clerks of. 10 manner of conducting, for trustees '. 9 qualification of voters at, for trustees 10 incase of a tie in, for trustees 10 judges of to deliver to school commissioner poll book and certificate 10 poll book and certificate to be evidence 11 of school directors 1.5 judges of, their duty 16 for purpose of raising funds, to be submitted to the peop'e -19 shall be held before issuing bonds for bor- rowed money 18 shall be held in order to erect or change school houses , 19 Evidence, receipt of township treasurer shall be.. 7 school commissioner may give 9 poll book and certificate of election to he 11 poll hook and certificate of election to be 16 ExR,mination, of books, notes, accounts, Ac, to be made 14 of teachers 19 Rxscutions. See ".Indements and Executions." Exemption, of school oflRcers from working road, serving on juries, &e 36 Kxpenses of supporting scliools. how paid 12 Executors and administrators shall pay school debts first 25 I'ines. See '■Penalties.", Funds, maybe withheld by superintendent......... 5 bounty, may be loaned.. I. u •, ...... 7 PA(JE. Funds, tax, how divided in formation ot new dis- trict 12 how distributed by trustees 12 trustees may make orders for collection of..... 12 iiow distributed in division of a district 14 not to be paid out except as designated 20 what shall constitute the principal of school.. 27 no part of school, to be expended 28 how to be paid out .■...., 28 form of order 28 what shall constitute school 28 where a county fails to collect taxes, not to be received by such county 28 state to pay interest on school 2.9 dividends to be made by auditor, of school.... 29 to be paid on auditor's warrants 29 not to be paid to local treasurer in certain cases 33 persons of color to have benefit of 33 statement of, to be made by commissioner 37 See " Jiloneyg." G- Gifts and grants maybe made to trustees 14 I. Improvements, liable to be desti'oyed, not he in- cUUled in mortgages 2o Indictment, persons liable to, for trespassing on school lands 34 Interest, on money loaned, account to be kept by commissioners 7 of county fund, how to be applied 7 what rate of, may be levied by diiectors 16 on money borrowed by directors 18 rate of. on money loaned by treasurer 14 proceedings in case of failure to pay 26 to be paid by the state on school fund 2S Judgments and executions, real estate may be purchased by trustees in satisfaction of 15 for damages against collector 18 in what cases executions may issue against trustees and directors 19 may be rendered by county court against co'- lector '. 29 in case of, against treasurer 31 to be a lien from date of process 31 .Tilstices of the peo.ce to have jurisdiction in cer- tain cases 26 to have jurisdicUon in certain cases 34 in case of failure to pay over fines, &c 34 Xi. Lands, school, petition for sale of, to be recorded... 6 account of sah'S Of, to be kept 6 purchases of, declared valid 15 leases of, to remain valid 32 lieretofore offered for sale, liow to be sold 33 what shall constitute school 33 business of townsliips shall be transacted in the county which contains greatest portion of ^ 33 penalty for cutting trees on 34 penalty for trespassing on 34 sales of, bow to be made 35 what numljer of iuhiibirants atownsliip shall contain in order to sell 35 how to be subdivided .35 terms of sale of 35 place of selling 35 notice of sale of. 36 school commissioner shall sell, arid h6w.......i ^ INDEX. [ iii i PAGE. Lands, payment for, bow to be macJc 36 uusokl, bow to be disiio.seil ol' bO certificate of pnrch;i>e to be !,'i\\u :J7 statement of sales of. now nuul:- oT transcript of sales of, to be niaiie to cimiilor... 117 purciiascrs of, to receive a patent ST See •• Ileal Estate." Leases, of scbool lands to reuiain vili^l 32 Liabilitie.^,'of school oliuer,, oO real estate bouml lur ehiiais aua.iust school oiiicers 31 See •• iV-nalties.-"' Libraries, may be purcbascii by yirecrois IG Liens, processagaiuat school oihcers slia;l inj irum date 31 Loans, of money by treasuicr, to be niail^' '24= IVE. Mandamus, may be issucil iu certain cases 10 Mtips, of townships to be prepared 11 to be certified and recorded 12 Meetings, for examination of teachers 2U Monays, to be delivered by school commissioner to successor S ma3' be loaned bj' school commissiuncr 8 to bo paid on order of the directors 12 for rise of towLship to be paid to treasurer... 14 for school purposes may be raised by diiec- tors IS rate per cent, to be determined by directors... 16 may be borrowed by directors 18 surplus, maybe expended by dii'ectors 16 may be loaned by treasurer 2-t additional Security may be required 25 See '■ Euuds. " Mortgages, in name of school commissioner de- clared valid 8 Buits may be brought on, and hovi- S may be canceled by trustees l-i to be taken for money loaned by treasurer... --i form of 2.J iu case of breach, suit may be maintained, 'J,5 improvements liable to be destroyed not to be included iu T 25 nxr. Negroes. See "Persona of color."' Nota^ in name of school commissioner declared Taild - how suits may be brought on may be canceled by trustees may be taken b}' treasurar for money loaned.. Notice of sale of school site to be posted of sale of real esr.aip of election of''.;- T. of election to :- of election to cli->.-.-- ..i, .i houses of meetings for examination .jf te;ichers of sales of school lands o. Office, term of, of superintendent. oath of, superintendent term of, of <=!■],,, .■.; '■,-:mt>uA.j..- ... trustees of scho. cessors electee;. . directors io '•"" ted Officers of scii serving i,.. j liabilities oi real estate of, sr. subject to penaltj ^.^ .-i.-.^o n ]g roads, luty. PAGE. Officers of schools responsible for losses 31 not liable for costs in certain cases 32 heretofore appointed to continue iu oifice un- til succei^urs are .•lecfvd 32 in tov. ' 33 Oflicers ni ■ ;s in certain ca:,e- 32 in case, i'aillo pay over hne.s, ic 3i Patents, to be given to purchasers of school lands.. 37 how to be issued 37 duplicate copies of. may be issued oS Payment, for school lamis, loiw to lie made 35 Penalties, what, collectors may be subject to 18 what, township treasurer may be subjectto... 26 wiiat, school officers may be subject to 3(J what, sciiool officers may be subject to for failing in their duties 31 what, in case of false returns 31 how disposed of 32 for cutting trees on school lands 34 for trespassing on schools lands 34 how collected 34 how disposed of 34 Persons of color, to have i.enefit of school fund in certain cases.. 33 Petition, for sale of school lands sliail be presented 34 how, shall be signed, &c 35 Postageof superintendent, how paid 5 Process, iuwhat cases to issue 19 howto be served , 19 fromdatesha.il bi ;. i )' 31 Presideutof boaid"! n ■■-'. -s. biiwaiomiuted 11 dirty of 11 may e.\ecute couveyai. . .-i IG of board of directors to si^ii lunds 18 Property of a district to l.>e di.~tril'Hted iu case of a division 14 Pupils of two oriuore distiiils. ianv transferred.. 12 Purcfaaseof real estate by trustees 15 of school lands by persons, how made 35 certificates of, to be given 37 Pijrchasers of school lands to recei^ patents S" may obtain duplicate patents SS Qualifications, of teachers IS Real eitate, taken for debts may be resold 9, may be purchased by trustees in certain cases.. 15 title to. to ve.^t iu trustees in cert-ain eases 14 mayb''ii' ■■li'li 'nusteesin con;pro!aise 15 may b ■ i ' :: i Ion by trustees.... 15 sales of, bow iii..ei'' 15 purchases of, declared Vii! id 15 shall be bound for claim-: aga.iiisi school oflicers from date of proce.-s 31 sale of, shall not defeat lien 31 may besoldinsatisfactiouof judgment 31 See "Lands." Removal of township treasurer, bow made 1 4 of teachers, howmaile 20 Reports of superintendent 4 when to be made to governor 4 to be laidbefore general assembly 4 of schools iu towns and cities 33 Returns, in caiieof oflicer making false 31 Rules and regulations may be made by superin- leudent 4 S. Salary of superintendent .'.... J> when and how paid 5 Sec "Compensation." [iv] IKDEX. PAGE. Salesof school house and sites li of landsat auctiou 16 shall uotalieoc lieu ou real estate 31 of Bciiool lauds, how to be made 34 of school lauds, terms of 35 of school lauds, place of selling 35 of school lands, advertisementot 35 of school lands, to beniade by commissioner.... 36 of schools lands, payments iiow to be made... 3(3 unsold lands subject to private sale 36 statement of, to be maac by co.i.iuiiiiouer... 3/ transcnptui, co be luruisaed to auditor 37 Schools, uuder supervision of superintendent 4 information respecting, to be communicated to superintendent 8 to be visited by school commissioner 8 may be established comprising pupils of dif- ferent districts 12 when so established, how supported 1^ directors to have control of 1^ expeuseof supporting, howpaid 12 union, how formed 1- devise or grant may be made to 1-4 directors to determine amount; necessary for.. 16 to be established by directors IS not to be extended longer ttian six mouths 19 School commissioners, to advise with superin- tendent 4 when and how elected 5 to give bond 5 condition and penalty of boudof 5 action maj' be maintained on boudof 6 form of bond of. 6 liable to be removed by county court 6 shall give liew bond if required 6 vacancy iu office of, how liHed 6 to provide books of record 6 to record petitions for sale of lauds 6 to record plats, &c 6 to Ijeep auaccount of salesof lauds 6 to keep auaccount of money loaned 7 booiiS, how ijaid for 7 shall hie bund of township treasurer 7 shall deliver to towuship treasurer all bonds, notes, mortgages, -fee 7 shall take receipt for same 7 receipt to be evidence 7 shall make apportionment among townships, and how , 7 shall pay over distributive share to treasurer annually 7 shall loan county fund 7 interest, how to be applied 7 shall give informatiou to superintendent 7 shall deliver to successor all property, on ex- piration of otiice S may loan moneys in same way as treasurers.. 8 notes, mortgages, &c., in name (jf, valid 8 suits may be brought innauie of 8 duty of, to visit schools, give directions, &c.... S may employ a comxjetent person to furnisii information, statistics, Ac, in certain cases. S person so employed to have access to books, papers, itc, of township S to pay compensation to person so employed... 8 to collect the amount so paid in action against trustees 9 may be witness in such action U money so recovered to be paid overto 9 may resell real estate taken for debts 9 may retain per centage for selling 9 shall examine teachers and give certificate.... 19 may revoke certificate i!U to fix a time for examining teachers 2U may proceed against collector in county court 29 compensation of 30 exempted from worliing roads, serving on ju- ries, &o , 30 liabilities of 30 penalty for failing to perform duties 30 term of oftice of 32 PAGE. School commissioners not to pay funds to local treasurer in certain cases 33 may briug suits against officers failing to pay over tines, itc 34 shall sell school lands, and in what manner... 35 shall give to parcliaser certificate 37 shall make stateuieutsof sales, moneys, &c... .37 shall furnish to auditor trauscripi; of .>ales.... 37 School directors. See ■• itireciors. " SchuDl uiuu. »eo "I'unds" and "Moneys." fcchool bouses, title to, vested in trustees 14 control of, vested in directors 14 may be conveyed by directors 14 shall not be erected or changed without an election 19 School lands. Bee " Lauds " and " Real Estate. " School sites. See ''Sites." ScUool trustees. See ''Trusteesof Schools." School taxes. See '■ Taxes. " Schedules shall be kept by teachers 21 what, shall contain -1 form of 21 to be certified by teachers 21 tobe delivered to directors 22 to be examined by directors, 22 to be certified by directors 22 to be tiled with treasurer 22 not to be certified in certaincases 22 Section, sixteenth, declared scliool lands 23 Securities, boundfor demands against principals.. 31 of school commissioner not exempted from liabilities 37 additional, maybe required in certain cases.... 25 Settlement may be made with trustees by persons indebted 15 Sites for schools, salesof, how made 14 purchases of, how made 19 Sixteenth section, declared school lands 33 State shall pay iiiteieston school fund 29 Statement o; coudiciuu of schools to be prepared. 13 whaLsli.iU be cuut.ULied ii 13 of treasure!' to be laid before trustees 26 whatsli.ill becoiicaiOL'd in such 26 of salesof land and moneys received by com- missioner 37 Stationery, allowed to suijeriuteudent 5 Suits, may be brought on nutes, mortgages, Ac, by commissioner , 8 sciiool commissioner may be a witness in 9 may be brought against treasurer 15 may be brought against collector for refusal to pay over 18 damages to be awarded in 18 may be maintained for breach of condition in mortgage 26 how brought for interest on money loaned 26 all suits may be brought in name of trustees.. 26 may be brought^gainst treasurer, on bond... 26 may be broughnu county court against col- lector ". r. 29 nray be brought against trustees for iiisuHi- ciency of treasurer's securities 30 may be biouglit against oSicers failing in their duly 31 costs of, not to be, ciiarged in certain cases 32 maj' be maintaiued for trespassing on scliool lands 34 niav he maintained for cutting trees on school lauds 34 how brought for penal ties 34 how brought against pui'chasers of lauds 36 Superintendeut of public instruction, when and how elected S term of ottice of 3 oath of office of. 3 office of, where to bo kept 3 boudof, penalty and conditions of books and documents to be preserved by record to be kept by to pay over moneys •» to advise school commissioners and teachers... 4 INDEX. [V] / PAGE. ■rujxiriijtejuleiit of public instruction to lia\e su- pervisiou of schools 4 to issiie circulars 4 to mate reports to governor 4 conteutsof report of. 4 to make rules and regulation.- 4 to explaiu and interpret tliis act 5 his iiecisiun to bo liual, except in rrilain cases 5 may cause funds to le wilirueld 5 salary of, when andhow paid 5 to be allowed postage, statmnery. &c ;j shall superintend p\iblicatiou of this act 3S shall distribute this act, and in wliat niauuer.. 38 T, 'Taxes, school, how distributed wiien new district , is formed directors may levy directors may levy to be computed bv county clerk how collected I to be paid Ijy collector to township treasurer... iu ca-e of refusal of collector to pay over how collected where district is iu two coun- ties shall not be levied lor extending school longer than sis mouths two mill, to constitute school fund where county fails to collect, it shall receive none di\"i.- ci'. to be ..lila- by llU:-tee> til be III liy Corp lat term of, name i f. .'ini! ^tyle of to be laid otf iu ui>tii b- map (d', to be prepared school di.-tricts may be formed from several.. when divided by c<'unty line separate en- umerations to be made to b.i considered as iucorpi rated by lids ait... Townsliiu treasurer. Si-e " T n asiu-er. " Traiisriiol of fales of school binds to bo furnishi'd Trcftsiir'r. I'V, lo blii. bi iid il". lo re filed by .-cli ceniii!--i' ii'T y monei-. ■ ■■>■■. I.e., to i-o drlivered to. to give i'.ri ipt lor loiiao receipt of, to be evjdesce distributive share to be paid to, annually, how appointed PAGE. Treasurer, township, accoimts of, to be examined. 14 proceeds of salts of school sites to be paid to, 14 moneys for use of townships to be paid to 14 may be removed by trustees 14 may be sued "u bond , 15 collector tojaay over to, lull amount of tax... 17 sch' dule to bo tiled with 22 to give bund and security 22 torm of bond of. 23 to provide books and keep accounts 2o a e.iun s, how kept 2iJ shall loan money 24 termsou which, shall loan money 24 may require additiunal security _. 25 if not given, .shall institutesuit..., 26 shall have debts due probated and classed 20 may bring suits for interest on loaned money 26 shall keep all mumys, books, &c., of town- ship 26 shall make statement to trustees, on certain days 26 what shall be contained in statement of. 26 penalty in case of faiuue to perform duties.... 26 not liable in certain ea^es 26 to deliver money, books, ivc, to successor 27 in case of death of 27 compensation of 30 eX' ujpted from working roailSj serving on juries, &c 30 liabiliujs of 30 Trees, penalty for cutting, on school lauds 34 Trespass on scho:.ii lands, bow punished 34 Trustees of slIiooI^ tube body curp^^rateaucpolitic 9 name and styieoi 9 term of ulllce , 9 eligii-i ity of 9 election of 9 el itiuu of, may t'e pustpunioi in certain cases 10 to act as judgesand ef. rks at elections 10 incase ul refusal of, tu serve atelections 10 time and ruauuer of e.o>. ting 10 qualifications of Vute: lo. io iu easeot a tie in oleeti- ii 10 in I aseof vacancy iu 1 10 to be successors lo tru :i .ul lands... 11 property to be vested in 11 to hold semi-annual meL-tings 11 siiecial meetings of, how called 11 how board of, shall be organized 11 ma,y appoint a president 11 may appoint a township treasurer 11 may remove officers for cause 11 duty of presidentof board ol 11 duty of clerk of board ol 11 must lay towushii) otf into districts 11 to prepare map of township 11 may form school districts from several town- ships 13 to make division of ta.xes iu new district and how 12 funds, li .w tu be distributwl by 12 may make orders forcoliecti n of funds 12 to a^rurtain amount in hands of treasurer.... 12 to dr/iw oil treasurer for pavuient of teach- ers .■ 12 may appoint direct rs . f iiui. n sehuob^ 12 shall Uiakc statements of condition if schools 13 what shall be contained iu statement of. 13 dutv of, in case township is divided by county line 13 shall n,.ikeixan)ii;,-i!i ii . I' b ok,-, mortgages, &c T.. ;;.... 14 may leceive ileviso, giUui'graui 14 ves:ed with title and custody of school houses 14 president and c erk of board <.f, to execute co7ivev:in''es 14 to ni-^n fbn iM'in>il.o .Vr., in divi-i :. f .iu :'.; 14 sluili cm. u all ino]]..y,. (.. ■ . i>;udliti .'.-i;i r 11- niay remove iuwn.-,liii; iiua.aoei- 14 may sue township treasurer 16 may purchase real estate in satisfiction of judgement IS [vi] INDEX. 019 749 602 PAGE. Tru<5tees of schools, til.to to such estate to vest in, forsobool piirp'i.se:; 15 may seitle with pevsojis icdebted 15 may recei^'^o deeds to real estate in compro- mise lo may cancel b -nds, morto:ap;es. Ac 16 may lease orsell iaiiil^ alauotim 15 shall jiotbe interested in c ti :r,".ct.s 10 shall notbe direct-.r. 10 oxecution mayissne againsr, 19 exempted from WTAin"' roads, serving on juries, &';.„... 30 liabilities of _ KO liabiof<:r ku.V' J,Micy -f rreasiiver--s securities.. 30 penalty for iaib'uc^- >;o pert' .rm du'vies » 31 to continue in oflii-e until successors appointed 32 how to proceed in selling school lands 35 stees of school Innds. trustees of schools de- clared successors of , 11 V. i^acar,ffy in office of school c( mmisn filled ('acancy in board of trustees, hov/ fill -y^. Witness, school oommissionevmay lie... See '• Evidence." \ \ LIBRARY OF CONGRESS 019 749 602 2# Hollinger Corp. pH 8.5