>^ • L JS 2> S , AN ACT t- TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. STATE SUPERINTENDENT OF PUBLIC IN- ****£«»•»«. STRUCTION— i£s Election and Duties, Section 1. Be it enacted by the people of the State of is, represented in the General Assembly, That at Election «* s» the election to be held on Tuesday after the first Monday v^umamt. of November, A. D. 1856, and biennially thereafter, there shall be elected, by the legal voters of this state, a state superintendent of public instruction, who shall hold his effice foi two years, and until his successor is duly elected and qualified. § 2. Before entering upon his duties he shall take and To give bra*; subscribe the usual oath of office, and shall also execute a bond in the penalty of twenty-five thousand dollars, pay- able to the state of Illinois, with sureties to be approved by the governor, conditioned for the prompt discharge of Lis duties as superintendent of public instruction, and i'or the faithful application and disposition, according to law, of all school moneys that may come into his hands by vir- tue of his office ; said bond and oath shall be deposited with (he secretary of state, and an action may be maintained thereon by the state, at any time, for a breach of the con- ditions thereof. § 3. It shall be his duty to keep an office at the seat *£» °f £££ »f government of the state, and to file all papers, reports menU n 1 public documents transmitted to him by the school of- ficers of the several counties, each year separately, and Sep and preserve all other public documents, books md papers relative to schools coming into his hands as ^tatc itendent, and to hold the same in readiness to he exhibited to the governor, or to any committee of either general assembly, and shall keep a fair record *f all matters pertaining to the business cf his office. § 4. He shall, without delay, pay over all sumsof mon- Pa - V oroB «"» fc -:y which may coane into his hands by virtue of his office, 1855. 4 * to the officer or persons, entitled to receive the same, in such manner as may be prescribed by law. Advise with ^ 5 # J-Je shall counsel and advise, in such manner as he may deem most advisable, with experienced and prac- tical school teachers, as to the best manner of conducting common schools, and as to the most approved text books, maps, charts, apparatus, &c, to be used in common schools. supervision of k g_ Said superintendent shall have the supervision of soiamon scaools . ■?■ • tit i i • \ 1 1 n ail the common and public schools in the state, and shall be the general adviser and assistant of school commission- ers 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 oi conducting schools, constructing school houses, furnishing the same, and procuring competent teachers; he shall re- commend the most approved text books, maps, charts and apparatus, and uniformity in the use of the same, as well as in the manner of conducting schools throughout the state. i'o visit counties. § 7. He shall visit every county in the state at least once during his term of office, confer freely with the school officers as to the manner of conducting schools, and shall deliver a public lecture to the teachers and people of eacli county on the subject of education, if deemed practicable, and perform generally such duties as may tend to advance the interest of education. aoport to gov- § 8. Said state superintendent shall, betorc 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 counties of the state, the whole number of schools which have been taught in each county in each of the pro- ceding years, commencing on the first Monday of Octo- ber; what part of said number have been taught by males exclusively ; what part by females, exclusively ; what part of said whole number have been taught by males and fe- males at the same time ; and what part by males and fe- v males at different periods ; the number of scholars in at- tendance at said schools ; the number of white persons in each county under twenty-one years of age ; the amoui.t of township and count} fund; the amount of the interest 01 the state or common school fund, and of the interest of the township and of the county fund annually paid out; the amount raised by an ad valorem tax ; the whole amount an- nually expended for schools ; the number of school houses, their kind and condition ; the number of townships and parts of townships in each county; the number and description of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the paces paid for the same, and total an.ount purchased, and what 1855. quantity and how distributed; and the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools, and the means of promoting education throughout the state ; which report shall be laid before the general assembly at each regular session. § 9. The said state superintendent of public instruc- M a ke r ?'° s an" lion shall make such rules and regulations as he may think necessary and expedient to carry into full effect the pro- risions of this act, and of all the laws which now are or may hereafter be in force for establishing and maintaining schools in this state ; and the said superintendent shall have power, and it shall be his duty, to explain and interpret To interpret ti»« * •* * * mcaiiiDs of this and determine to all school commissioners, directors, town- act. ship and other school officers, the true intent and meaning of this act, and their several duties enjoined thereby, and his decision shall be final, unless otherwise directed by the legislature, or reversed by a court of competent jurisdic- tion. § 11. The said state superintendent shall have power T c ° mmi^one C rft 9 o to direct and cause the school commissioner of any county, withhold foios. directors or board of trustees or township treasurer of any township, or other school officer, to withhold from any offi- cer, or township, or teacher, any part of the common school, or township, or other school fund, until such officer, town- ship, or teacher, shall have complied with all t!ie provisions of this act relating to bis, her or their duties, and such rules and regulations as the state superintendent may pre- scribe, not inconsistent with this act ; and the state super- intendent may forbid the payment of any part of the com- mon school, township, county, or other school fund, to any district in which the school or schools have not been kept according to law, or in which no school has been kept for six months during the year next preceding the demand for payment. § 12. annually the sum of fifteen hundred dollars, to be paid quarterly, as a salary for the services required under the provisions of this act, or any other law that may be pas- sed, and also for all necessary contingent expenses, for books, post?ge and stationery pertaining to his office, to be audited and paid by the state, as the salaries and con- tingent expenses of other officers are paid. And the said stale superintendent shall receive salary of enpe*- intendent. SCHOOL COMMISSIONERS— Their Election and Du- ties. § 13. On the Tuesday next after the first Monday in Election of scho« November next, and on the Tuesday next after the first Monday in November, every two years thereafter, there 1855. 6 shall be elected, by the qualified voters of each and every county in this state, a school commissioner, who shall ex- ecute the duties herein required. He shall, before enter- ing upon his duties, take an oath for the faithful discharge ssoMuissicmer to f his duties. He shall, before entering upon his duties, execute a bond, payable to the state of Illinois, with two or more responsible freeholders as security, to be appro- ved by the county court, in a penalty of not less than twelve thousand dollars, to be increased at the discretion of said court, in proportion to his responsibilities, conditioned that he will faithfully perforin all the duties of school commis- sioner of said county, according to the laws which are or may be in force ; by which bond the obligors shall be bound jointly and severally, and upon which an action or actions may be maintained by the board of trustees of the proper township, for the use of any township or fund injured by any breach thereof; and joint action may be had for two or more funds. § 14. The bond required in the foregoing section shall be in the following form, viz : State of Illinois^ ) - — —County. } r > -I ., bond. Know all men by these presents, that we, A B, C D, and E F, are held and firmly bound, jointly and severally, un- to the people of the state of Illinois, in the penal sum of dollars, to the payment of which we bind our- selves, our heirs, executors and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals, this day of , A. D. 185 . The condition of the above obligation is such, that if the above bounden A B, school commissioner of the county aforesaid, shall faithfully discharge all the duties of said office according to the laws which now are, or may here- after be in force, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as such school commissioner, then this obligation to be void ; otherwise to remain in full force and virtue. A B -, [seal.] C D , [seal.] E F , [seal.] And which bond shall be filed in the office of the county court, uawe to removal § 15. The said commissioner shall be liable to re- moval by the county court for any palpable violation of law, or omission of duty ; and if a majority of said court shall at any time be satisfied that his bond is insufficient^ it shall be his duty, on notice, to execute a new bond, t® be payable, conditioned and approved as the first bond 5 7 1855. She execution of which shall not affect the old bond, or the liability of the security thereon ; and when the office of school commissioner shall become vacant by death, resig- orace becoming nation or otherwise, the county court or board of supervi- [ed^y^ppotot- sors shall fill the same by appointment for the unexpired ment - term, and the person so appointed shall hold his office un- til his successor shall be qualified. 6 16. The said commissioner shall provide three well T ° py ovWe boo,iS i 1 1 li ii' lilt » t0 l5ee P an ac " bound books, to be known and designated by the letters A, count of caies B, C, for the following purposes : In book A he shall record moneys rec'd. at length all petitions presented to him for the sale of com- mon 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 schoo 1 lands ; which account shall contain the date of sale, name of purchaser, description of lands sold, and the sum sold for. In book G he shall keep a regular account of all moneys received for lands sold, or otherwise, and loaned or paid out; the person of whom received, and on what account, and showing whether it is principal or interest; the person to whom loaned, the time for which the loan was made, the rate of interest, the names of the securities when personal security is taken, or if real estate is taken as security, a description of said real estate, and if paid out, to whom, when, and on what account, and the amount paid out ; the list of sales, and the accounts of each township fund to be kept separate. Said books shall be paid for out of the county treasury of the counties in which they are used. § 17. Whenever the bond of the township treasurer, ^JS^T approved by the board of trustees of schools, as required by law, shall be delivered by the trustees of schools, or either of them, to the school commissioner, he shall receive and file the same with the papers of his office. He shall then, on demand, deliver to said township treasurer, who gh all receipt therefor, till moneys in his hands belonging to said township ; also, all bonds, mortgages, notes and secu- rities of every description, for money or property due or to become due the township, and all papers of every de- scriptie i belonging or in anywise pertaining to the rights or interests of said township; and the receipt of said trea- surer to the school commissioner shall be carefully pre- served, and shall be evidence of the facts therein stated, as well in favor of the school commissioner as against the township treasurer, § 1.8. Upon the receipt of the amount due upon the s £™* r t *!^£ auditor's warrant, as provided in section sixty-nine here- turn state luna* of, the school commissioner shall apportion said amount, (except the amount allowed said commissioner, as provi- 1855. 8 ded for in section seventy-five hereof,) to the several townships and fractional townships in his county, accord- ing to the number of white children under twenty-one years of age, returned to him, (as provided for in section thirty-eight hereof,) and 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 superintendents, and shall pay over the distributive share belonging to each township and frac- tional township, as aforesaid, to the respective township treasurers, or other authorized persons, annually. When there is a county fund in the hands of any school commis- sioner, it shall be loaned, and the interest applied as pro- vided in this section with respect to the interest on the state fund. School commis- § 19. The school commissioner shall, also, on or be- to 0I 8 e uperiiitfnd- fore the second Monday of November before each regular 8nt " session of the general assembly, or annually, if so required to do by the state superintendent, communicate to said state superintendent all such information and statistics upon the subject of schools in the county as the said state superintendent is bound to embody in his report to the governor, (as provided for in section eight hereof,) and such other information as the state superintendent shall require ; and the said school commissioner shall also com- municate the aforesaid information and statistics to the county convention of his county, at its biennial meetings, and at such other meetings as said convention may re- quire. ?• deliver over § 20. The school commissioner, upon his removal or property to sue- resignation, or at the expiration of his term of service, eassor. ^ or j R cage f n j s death, his representatives, ) shall deliver over to his successor in office, on demand, all moneys, books, papers, and personal property, belonging to the office, or subject to the control or disposition of the school commissioner, .school commis- § 21. The school commissioner may lean any money, rands. not interest, belonging to the county fund, or to any town- ship fund, before the same is called for according to law by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in relation to the township treasurers ; and notes and mortgages taken in the name of the " school commissioner" of the proper county, shall be, and all loans heretofore made in the name of " school commissioners," are hereby, declared to be as valid as if taken in the name of " trustees of schools" of the proper township, and suits may be brought in the name of " school commissioners," on all notes and mortgages heretofore of hereafter made payable to school commissioners,. 9 1855. § 22. It shall be the duty of the school commissioner commissioner to 3 . ., ,., i-iiii iiifi« visit schools in to visit, as oiten as practicable, the several schools or his hiscounty. eountv, 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 expe- dient and necessary, so that each school shall be equal to the grade for which it was established, and that there may be, as far as practicable, uniformity in the course of stu- dies in the schools of the several grades respectively, and shall carry out the advice and instructions of the state su- perintendent. § 23. In all cases where the township board of trus- D ^ e ° r f i ^° c 1 ^ 1 *' tees of any township shall fail to prepare and forward, or failure to ma*» cause to be prepared and forwarded, to the school com- returns * missioner, the information and statistics required of them in section thirty-eight (38) of this act, it shall be the du- ty of said school commissioner to employ a competent person to take the enumeration, and furnish said statisti- cal statement, as far as practicable, to the commissioner ; 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 of- ficer 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 commissioners shall allow, and pay, to the person so em- compwasatio*. ployed by him, for the services, such amount as he may judge reasonable, out of any money which is or may come into said commissioner's hands, apportioned as the share of or belonging to such township ; and the said school commissioner shall proceed to recover and collect the amount so allowed or paid for such services, in a civil ac- tion before any justice of the peace in the county, or be- fore any court having jurisdiction, in the name of the state of Illinois, of and against the trustees of schools of said township, in their individual capacity; and in such suit or suits the said school commissioner and township treasurer shall be competent witnesses ; and the money so recover- ed, when collected, shall be paid over to the school com- missioner, for the benefit of said township, to replace the money taken as aforesaid. § 24. When any real estate shall have been taken for comm»eranth<»- debts due to any school fund, the title to which real estate real estate?" 8 ** * has become vested in any school commissioner, or trustees of schools, for the use of the inhabitants of two or more townships, the school commissioner may re-sell such real estate for the benefit of said townships, under the provi- sions of this act regulating the sale of the common school 1855. 10 lands ; and the said commissioner is hereby authorized to execute conveyances to purchasers ; and said commission- er shall be entitled to retain the same per centage on the amount of such sale, out of the assets thereof, as he is en- titled to for selling common school lands. TOWNSHIPS— Trustees of Schools. twnsbips. § 25. Each congressional township, as surveyed and laid off by authority of the United States, is hereby estab- lished a township for school purposes. The business of trustees elected, the township shall be done by three trustees, to be elected by the legal voters of the township ; and the said town- ship, upon the election of trustees as aforesaid, as herein- after provided for, shall be a body corporate and politic, Noma, style, &c. J,y the name and style of " trustees of schools, of town- ^aaliScatlons oi' trustees. election of trus- tees. lip — — , range , ? ' according to the number. The said corporation shall have perpetual existence, and shall powers. have power to sue and be sued, to plead and be' implead- ed, in all courts and places where judicial proceedings are i?«nure of trustees nac L Said trustees of schools shall continue in office two years, and until others are elected and enter upon the du- ties of their office. § 26. No person shall be eligible to the office of trus- tee of schools, unless he shall be twenty-one years of age, and a resident of the township. § 27. The election of trustees of schools shall be on the second Monday of January, biennially, but in town- ships where such election has not been heretofore had, or where there are no trustees of schools, the election of trustees of schools may be holden on any Monday ; notice being given as hereinafter in this section required. The first election shall be ordered, if in townships already in- corporated, by the trustees of schools of the township, the township treasurer giving notice of the time and place, by posting up notices of the same at least ten days pre- vious 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 town- ship, 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, upon any day appointed as aforesaid, for election aforesaid, the said trustees of schools, or judges, shall be of opinion, that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a ma- jority of them, shall desire it, they shall postpone said election until the next Monday, and at the same place and hour j at which meeting the voters shall proceed as if <8annty clerk may £iva notice. Proviso. 11 1855. it were not a postponed or adjourned meeting ; And pro- vided, 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 February, or any other Monday ; notice thereof being giv- en as aforesaid. § 28. Two of the trustees of schools of incorporated officer* of ei«- townships, if present, shall act as judges, and one as clerk of said election. If said, trustees shall fail to attend, or refuse to act when present, and in townships unincor- porated, the qualified voters present shall choose from amongst themselves three judges and a clerk to open and conduct said election § 29. The time and manner of opening, conducting, Moae °* el °* and closing said election, and the several liabilities apper- " n ' taining to the judges and clerks, and to the voters sepa- rately and collectively, and the manner of contesting said elections, shall be the same as prescribed by the general election laws of this state, defining the manner of elect- ing magistrates and constables, so far as applicable, sub- ject to the provisions of this act : Provided, the judges may close said election at four o'clock, p. m. § 30. No person shall vote at said election unless he Voters, possesses the qualification of a voter at a general election. In case of a tie at such election, it shall be determined ti?. by lot, on the day of election, by the judges thereof. § 31. When a vacancy or vacancies shall occur in the vacancy. 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 twen- ty-seven hereof. § 32. Upon the election of trustees of schools, the Poii-boos <&■* judges of the election shall cause the poll-book of said election to be delivered to the school commissioner of the county, with a certificate thereon, showing the election of said trustees, and names of the persons elected; which poll-book, with the certificate, shall be filed by said com- missioner, and shall be evidence of such election. § 33. The said trustees of schools, elected as afore- Powers oi trs* laid, shall be successors to the trustees ot school lands lf v s s , anii 8nccwh appointed by the county commissioners' cour f , and of trustees of schools elected in townships under the provi- sions of " an act making provisions for organizing and maintaining common schools," approved February 26, 1841, and of "an act to establish and maintain common schools," approved March 1, 1847, All rights of proper- ty, and rights and causes of action, existing, or vested in th<}' trustees of school lands, or trustees of schools appoint- ed or elected as aforesaid, for the use of the inhabitants of the tonwship, or any part of them, shall vest in the trustees 1855. 12 of schools as successors, in as full and complete a manner as was vested in the school commissioner, the trustees of school lands, or the 6 trustees of schools appointed and eject- ed as aforesaid. § 34. It shall be the duty of the township board of E>oty of the trustees to hold regular semi-annual sessions on the first tewnsmp board j r\ •* •ducation. Mondays of April and October in each year, and may meet at such other times and at such other place? as they may think proper; and the president of the board, or any two members thereof, may call a special meeting of the board ; and at all meetings of the board, two of its mem- bers shall constitute a quorum to transact any business. Said board shall organize by appointing one of their num- ber president, and some person who shall not be a director or member of the board township treasurer, who shall be ex officio clerk of the board. The said president and town- ship treasurer shall hold their respective offices during the term for which that board of trustees by which they are appointed shall have been elected, and until their succes- sors are appointed, and until their newly appointed treasu- rer has given bond as required 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 pres- ent, to preside at the meetings of the board ; and it shall be the duty of the clerk to be present at all meetings of the board, and to record in a book to be provided for the purpose all their official proceedings, which shall be a pub- lic 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 peform any of the duties of his office at any meeting of the board, a president or clerk ]jr@ tempore may be appointed. § 35. Trustees of schools shall prepare or cause to be $rostea* second, for the payment of the books of the township trea- surer, if anything be due for that purpose ; third, for the payment of any reasonable charges for dividing common school lands, and making plats, &c, as provided for in this act ; fourth, the balance they shall apportion on the seve- ral schedules certified and returned from each school in the township according to law, in proportion to the num- ber of days, certified on such schedules respectively to have been taught since the last regular return day fixed by the act or trustees for the return of schedules ; and the township treasurer shall, as soon as practicable, pay out the money so apportioned to the several persons to whom it shall be distributed. The said trustees of schools shall also C oiieetioa »t make such orders, not contrary to law, for the collection fUBd6 * of the funds due as in their discretion shall be most for the interest of the funds. They shall also, at their said half yearly meetings, ascertain the amount of tax money, if any, the treasurer has in hands belonging to any school district being wholly or partly in his township ; and they shall see that the treasurer charges himself in his cash book, in a separate column, in favor of the proper district, with the amount they shall find to be in his hands belonging to such district; and the amount so ascertained to be in the hands of the treasurer shall be paid out as in this section direct- ed. The trustees of schools shall aiso examine the certi- Examine e«rt;c~ ficate of the district directors to which such tax fund be- eat8, longs, and they shall thereupon direct the treasurer, by orders upon him, to pay the tax money aforesaid to the several persons who may appear to be entitled to it accord- ing to said certificate. § 37, Whenever it may be desirable to establish a Duty of board(t „, school composed of pupils, residents of two or more dis- education, tricts or two or more townships, it shall be the duty of the respective boards of education of each of such townships to transfer such number of the pupils residing in such town- ships as the boards may deem proper to the school so esta- blished in the township in which the school house is or may be located ; but the enumeration of scholars shall be taken in each of such townships as if no such transfer had been made; and such school, when so composed, shall be sup- ported fro«a the school funds of the respective townships in which the pupils composing such school shall reside, and from which they shall have been transferred ; and the board of that township in which the school house where such 1355. 14 school is kept is located, shall have the control and man- agement of such school; and the boards of each of such townships so connected for school purposes shall each pay its respective share of the entire expenses of every kind incurred in the establishment and support of such school, to be computed in proportion to the number of pupils re- siding in each of such townships composing such school ; and each board of the townships from which pupils are transferred shall draw an order on its township treasurer, signed by its president, in favor of the township treas- urer whose board shall have the control and manage- ment of such school, as the case maybe, for the amount of its share of the entire expenses aforesaid of such school ; and the board of the township having the control and man- agement as aforesaid of such school shall pay out of its treasury the whole amount required for the establishment and maintenance of such schools, in the same manner as provided in this act for the establishment and maintenance proviso. of other schools : Provided^ however^ by agreement of the several boards interested therein, said school may be placed under the control and management of such persons as may be determined by a majority of said boards. § 38. The board of trustees of each township in this uatemont to bo state shall prepare or cause to be prepared by the tcwn- Stto^MhooiB sn *P treasurer, the clerk of the board, or other person, and forwarded to the school commissioners of the county in which the township lies, on or before the second Mon- day of October, preceding each regular session of the general assembly of this state, and at such other times as may be required by the school commissioner, or by the state superintendent of public instruction, a statement, exhibiting the condition of schools in their respective townships for the preceding biennial period, giving sepa- rately each year, commencing on the first Mondays of October, and ending on the last of September ; which statement shall be as follows : — 1st. The whole number of runner of schools schools which have been taught in each year; what part of said number have been taught by males exclusively, what part have been taught by females exclusively ; what part of said whole number have been taught by males znd females at the same time ; and what part by males and females at different periods. 2d. The whole number of * amber of schoi- scholars in attendance at all the schools, giving the num- * rs * her of males and females separately. 3d. The number of male and female teachers, giving each separately ; the highest, lowest, and average monthly compensation paid to male and female teachers, giving each item sep- arately. 4th. The number of persons under twenty-one years of age. 5th. The amount of the principal of the 15 1856. township fund ; the amount of the interest on the town- ship fund paid into the township treasury ; the amount of state or common school fund received by the township treasurer; the amount raised by ad valorem tax, and the amount of such tax received into the township treasu- ry ; and the amount of all other funds received into the township treasury. 6th, The amount paid for teachers' wages; the amount paid for school house lots ; the amount paid for building, repairing, purchasing, renting and furnishing school houses ; the amount paid for school apparatus, for books and other incidental expenses for the use of school libraries; the amount paid as compen- sation to township officers and others. 7th. The whole amount and a full at count of the receipts and expendi- ures for school purposes. 8th. The number of books of each kind used in the schools, and the years in which each book was purchased, together with such other statis- tics and information in regard to schools as the state su- perintendent or school commissioner may require. § 39. In all cases where a township is, or shall be di- separate eBtame- vided by a county line, or lines, the board of trustees of ration to be m *** such township shall make, or cause to be made, separate enumerations of maU and female white persons of the ages as directed in tiie fifth specification of the foregoing section thirty- eight (38) of this act, designating sepa- rately the number residing in each of the counties in which such township may lie, and forward each respec- tive number to the proper school commissioner of each of •aid counties; and in like manner, as far as practicable, all other statistics and information enumerated and re- quired to be reported in the aforesaid section thirty- eight, ihall be separately reported to the several t chool com- missioners ; and all such parts of said statistical informa- tion as are not susceptible of division, and are impractica- ble to be reported separately, shall be reported to the ■chool commissioner of the county in which the sixteenth tection of such township is situated. § 40. At each semi-annual meeting, and at such other Books andvooou- meetings as they may think proper, the said township |« tob «« a » s *- board shall examine all books, notes, mortgages, securi- ties, papers, moneys and effects of the corporation, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order thereon for their security, preservation, collection, cor- rection of errors, if any, and for their proper manage- ment, as may seem to said board necessary. § 41. The board of trustees of each township in the Donations. state may receive any gift, grant, donation or demise, made for the use of any school or schools, or library, or other school purposes within their jurisdiction ; and they 1855. 16 shall be and are hereby invested, in their corporate capa- city, with the title, care and custody of all school houses, school house sites, school libraries, apparatus or other property belonging .to any school district as now organ- ized, or which may be within the limits of their jurisdic- tion, with full power to control the same in such manner as they may think will promote the interest of schools and the cause of education ; and when, in the opinion of the school directors, the school house site has become unne- cessary, or unsuitable or inconvenient for a school, said board may sell and convey the same in the name of said board ; and such conveyance shall be executed by the president and clerk of said board; and the avails shall be paid over to the township treasurer for the benefit of schools ; 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 ; and said board may purchase and hold such real estate and personal property as may be necessary for the establish- ment and support of schools. Mosey to be paid § 42. Tiie township board shall cause all moneys for surer? 1 * ip rea " the use of the township to be paid over to the township treasurer. They shall have power, also, to remove the township treasurer at any time, for any failure or refusal to execute or comply with any order or requisitions 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, as provided in section fifty-nine hereof. %-ustees to pur- § 43. The township trustees are hereby vested with " general power and authority to purchase real estate, if in their opinion the interests of the township fund will be promoted thereby, in satisfaction of any judgment or de- cree wherein the said board or school commissioner are plaintiffs', or complainants ; 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 commission- ers , or trustees of school lands, or trustees of schools, for the use of any fund or township for the use of schools, are hereby declared valid. The said board are hereby vested with general power and authority to make all settlements with persons indebted to them in their offi- cial capacity ; or receive deeds of real estate in compro- mise ; and to cancel, in such manner as they may think proper, notes, bonds, mortgages, judgments and decrees, existing, or that may hereafter exist, for the benefit of the township, when the interest of said township, or the fund concerned, shall, in their opinion, require it, abase real estate 17 1866 it, and their action shall be vaUd. Said board of educa- tion are hereby authorized to lease or sell, at public auc- tion, any land that may come into their possession, in guch manner and on such terms aa they shall deem for the interest of the township: Provided, that in all cases of PreTt*>. gale of land, as provided in this section, the sale shall be made at the same place, and notice given of it in the same manner, as is provided in this act for the s&ie of the six- teenth section. SCHOOL DIRECTORS THEIR ELECTION A5D DUTIES. § 44. It shall be the duty of the legal vote'rs within Ruction of #«»>«• each school district to meet at the school house, or other convenient place in the district, on the first Monday of October next, or as soon thereafter as the township may be laid off into districts, and on the first Monday of Oc- tober biennially thereafter, and elect three persons within the district, to be styled school directors, who shall con- tinue in office for the term of two years, and until their successors are elected. But the first election may be held on any Monday, notice being given by the township treas- urer, according to the provisions of this act. The legal voters, when a>sembled, shall choose three of their num- ber to act as judges, and one as clerk, at such election. In case of a tie of said election for school directors, it shall be determined by lot on the day of the election, by the judges thereof. § 45. A majority of said directors shall constitute a Power. «i an.* quorum to do business ; and the board, when convened, shall have power to purchase libraries for the district, to be paid for out of the tax funds of the district: They shall establish a sufficient number of common schools for the education of every individual person over the age of five and under twenty-one years, in their respective dis- tricts; and shall make the necessary provision for contin- uing such sciools in operation for at least six months in each year, and longer if practicable. They shall cause suit- able lots of ground to be procured and suitable buildings to be erected, purchased or rented for school houses, shall supply the s^me with furniture and fuel, and make all other provisions relative to schools which they may deem proper. They shall exercise a general supervision over the schools of their respective districts, and shall, by one or more of their number, visit every school in the district at least once a month, and shall cause the re- sult of such visit to be entered on the records of the board. They shall have the appointment of all the teach- ers of the schools in the district, shall fix the amount of 2 1855. 18 teachers' salaries or compensation, and may dismiss them at any time for incompetency, cruelty, negligence or im- morality ; shall direct what branches of learning shall be taught in each school, and may suspend or expel front the school all pupils found guilty, on full examination and hearing, of refractory or incorrigibly bad conduct. Said school directors \re hereby authorised to receive and hold, by their name of school directors, for the use of sciiools in the district, any book purchased for or donated to the district library ; and the same shall be kept and con- trolled and loaded to the inhabitants of the district.; under twenty-one years of age, according to rules prescribed by said directors. But the librarian shall in no case receive any compensation out of the common school or township fund for his services us librarian. OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUS- TEES OR SCHOOL DIRECTORS. judgment «nd ft 46. If judgment shall be obtained against any town- •re'tion against i • . i j > , j l i v . A i * *.• iraatoeg. snip 003rd o! trustets or school directors, the party enti- tled to the benefit of such judgment may have execution therefor, as follows, to wit: it shall be lawful for the court in which such judgment shall be obtained, or to which such judgment shall be removed, by transcript or appeal from a justice of the peace, or other court, to issue thence a writ, commanding the directors, trustees and treasurer of such township to cause the amount thereof, with interest and costs, to be paid to the party entitled to the benefit of said judgment, out of any moneys, unappropriated, of said f ownship ; or if there be no such moneys, out of the first money» soplicable to the payment of the kind of ser- vices or indebtedness for which such judgment shall be o'btai jed, as provided in section sixty-five of this act, which shall be received for the use of such township ; and to enforcf obedience to such writ by attachment, or by man- damus, requiring such board to levy a tax for the payment of said : judgment; and all legal process, as well as writs to enforce pa)ments of a judgment, shall be served either on the president or clerk of the board. EXAMINATION AND QUALIFICATION OF TEACHERS. Examination and § 47. The school commissioner shall, either by himself, ?t U a*cnera!' on "' or any person or persons, whom he shall appoint, examine such person or persons proposing to teach a common school 19 1855. in the county, in relationjo hig or her qualification to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geograph}', and the history of ihe United States ; and if he or they shall be satisfied that •uch person sustains a good moral character, and is quali- fied p roperly to teach all the aforesaid branches, he or they shall give such person a certificate of qualification ; which certificate shall be good and valid in said county for two years from the date thereof, and said certificate may be renewed, At its expiration, by indorsement thereon by the said commissioner, or examiners. The said cer- tificate to the teacher may be in the following form, viz: — Illinois, 1 8 — The undersigned having examined , and being Form or certiii- satisfied that sustains a good moral character, here- by certify that is qualified properly to teach the fol- lowing branches, viz: orthography, reading in English, penmanship, arithmetic, English grammar, modern geog- raphy, and the history of the United States; which cer- tificate is good and valid in said county for two years from the date hereof, renewable at the option of the school commissioner or of any two members of the board of ex- aminers, by his or their indorsement thereon. Given under hand, at the date aforesaid. A B , School Commissioner. C D , ) „ ■c, p > Examiners. Provided, that each and every school, or schools, of what- Fr»*i». ever grade, established or authorized to be established under the provisions of this act, shall be a school or schools for the purpose of teaching various branches of an EngHsh education; and no part of the common school fund, town- ship fund, or of any other school fund, shall be paid out or appropriated for the establishing, conducting, or the supporting in any manner of any other character or class of school, or schools, as aforesaid designated ; Provided, that nothing herein contained shall prevent the (eaching a for- eign language in a common scliooi as aforesaid. § 48. It shall be the duty of the school commissioner Meetings for ex- to fix upon the time of Holding meetings lor the examina- teache™. tion of teachers, in such places in their respective coun- ties, as will in their opinion best accommodate the great- est number of candidates for examination ; notice of all ■uch meetings having been published in some newspaper Publication of n»- of general circulation ; and all teachers who do not at'end at the appointed time for said examination, shall pay to the school commissioner, one dollar for their certificate. "1855. W TEACHERS TIEIR DUTIES. Exhibit ante. § 49. No teacher shall bo entitled to any portion of the common school or township fund, or other public fund., or be employed to teach any school under the control of any board of education of any township in this state, who shall not, before his employment, exhibit to said board, or to a committee of said board, a certificate of qualification ob- tained 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 sched- ules as herein directed. § 50. Teachers shall make schedules of the names of all scholars under twenty-one years of age. attending their schools, in the form prescribed by this act ; and when scholars reside in two or more districts, townships, or counties, separate schedules shall be kept for each dis- trict, township, or county ; and the absence or presence of every scholar shall be set down under the proper date, and opposite the name, on every day that the schooHs open ; and the absence of a sholar 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 cir- cumstances will permit, in the following form, viz : ale. s«fei'l- SCHEDULE of « Common School, kept by A B,at- -, m district number -,in township sixtetn north, range five, east of the third principal meridian, in tut county of , in the state of Illinois. tO «D t- CO Cs .- C* M -tf N C( n ct GO OS _ e< « ■* I:: 1 J i • 3 ' c 2 2 2 * 2 2 - 2 j . - a. K-ames of ccholars attending ■ my school, nn;l residing in "= ^ B £ Jill ■jz ; £ f< Y- jj £-. c: £ £ s . L . . 7 G "C i-' — - r •= E- a a £ 5 5 fch 5 £ t£ *5 1 ! 1 1 1 1 1 1 1 1 1 1 1 1 i i l i l l l l I 1 1 1 l | 1 1 1 I J 1 1 1 1 1 1 • 1 1 11 11 : 1 1111 \ V? 1 1 i; i 1 i i i [•> 1? Giand total number of days,. 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 21 1855. shall attach thereto hii certificate, which ihall be in the following form, viz : I certify that the foregoing schedule of scholars attend- ing 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 teach- ing various branches of an English education. A B, Teacher. Teacher* shall also include in said schedule, or furnish K«mefof9«hoiai> a separate report, containing the name of each scholar, and the name of each book used by each scholar, and the year in which each book was purchased : Provided, said Proviso. schedule shall not include any book reported in a former schedule. When the teacher shall have completed his or her schedule or schedules, as above required, he or she ah all deliver it to some one of the directors or to £ com- mittee of at least two members of said board appointed for the purpose ; and it shall be the duty of said direc- tor, in connection with some other director of the board, or of said committee, to carefully examine such sclu dule or schedules, and after correcting all errors, and if they shall find such schedule to have been kept according to law, they shall certify to the same, as near as practicable, in the following form, viz : Slate of Illinois. ) Fo™ of cerus- J . > US. cat*. county ) We, the undersigned, directors of the board of education in township number — - — , range number , in the coun- ty 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 qualifi- cation to teach a common school, (or of such a grade as the case may be.) Witness our hands, this day of , A. D. 185-. \ R ) p yy ( Directors of the Board of Education. Which schedule or schedules, certified as aforesaid, by schedule t« u at least two directors of the board of education, shall be filed by said directors with the township treasurer; and un- til such schedule and report, as aforesaid, shall have been filed as aforesaid, it shall not be lawful for said trc asurer to pay said teacher, or for the board of education, or any 1555. SS two members thereof, to draw an order in favor of said teacher, as provided in section seventy hereof. Directors limited § 51. School directors shall certify no schedule that wheduie. 8 a * reaches back to a time more than sis months from the time fixed by law for the regular return and presentation of schedules to the school directors. Schedules made and certified as aforesaid shall, at least two days before the first Saturday of April and October, be delivered by the direct- on to the township treasurer. TOWNSHIP TREASURES HIS DUTIJ9. njMBiifaria si™ § 52. The township tr«a"urer appointed by the board of trustees, as provided in section thirty-four of this act, shall, before entering upon his duties, execute a bond, with twq or more freeholders, who shall not be members of the board of education, as securities, payable to the board^of the township for which he is appointed treasurer, with a sufficient penalty to cover all liabilities which may be in- curred, conditioned faithfully to perform all the duties of township treasurer, in township , range , in ■ county, according to law. The security shall be appro- ved by at least a majority of the board of education, and shall be delivered by one of the directors to the school commissioner of the proper county. And in all cases where such treasurer aforesaid is to have the custody of all bonds, notes, mortgages, moneys and effects denomi- nated principal, and belonging to the township for which he is appointed treasurer, the penalty of said treasurer'^ bond shall be twice the amount of said bonds, notes, mort- gages, moneys and effects. And every township treasurer appointed subsequent to the first, as herein provided, shall execute bond, with security, as is required of the first trea- surer. § 53. The bond required in the foregoing section shall be in the following form, viz : Form of bond . State of 1 l/inois, ■county, ss. Know all men by these presents, that we, A B, C D and E F, are held and firmly bound, jointly and severally, un- to the board of , in said county, in the penal sum of — dollars, for the payment of which we bind ourselves, our heirs, executors and administrators firm- ly by these presents. In witness whereof, we have here- unto 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 dis- 23 1855. charge all the duties of said office according to the laws which now are or may hereafter be in force, and sha'l de- liver to his successor in office all moneys, books, papers, securities and property in his hands as such township Tea- surer, then this obligation to be void, otherwise to remain in full force aud virtue. A— — B 5 [seal. C D , "seal. E— — ■ F- , [seal. Approved and accepted by G H, > Directors oftUe Board v J ( of Education. § 54. Ever? township treasurer shall provide himself ^g^SSE witii two weif bound books, the one to be called a cash ^ u s n J n d f ^ book, the other a loan book. Hi; shall charge him*elf in m&Mcoimft. the cash book with all money t received, stating the charge, when, from whom and on what account received; and credit himself 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 ta- ken, a description of the same. He shall also enter in separate accounts moneys received and moneys paid out, charging the first to debit account, and crediting die lat- ter as follows, to wit : 1st The principal of the township fund, when paid in, and when paid out. 2d. The interest ©f the township fund, when received, and when paid out. 3d. The common school fund and other funds, when re- ceived from the school commissioner, and when paid out. 4th. The taxes received from the county collector, dis- tinguishing between that for general school purposes and that levied for the purpose of prolonging schools, as pro- vided in section seventy-five of this act. 5th. Donations received. 6th. Moneys coming from all other sources ; and in all cases entering the date when received and when paid out; and he shall also arrange and keep his books and accounts in such other manner as may be di- rected by the state or county superintendent, or the board of trustees. He shall also provide a book, to be called a journal, in which he shall record fully and at length the acts and proceedings of the board, their orders, by-laws and resolutions; which book shall be at all times sub- ject to the inspection of said board, or other j ersons au- thorised by this act, or of any committee appointed by the inhabitants of the township to examine fie same. And he shall also provide a book to be called a re- cord, in which he shall enter a brief description of all notes or bonds belonging to the township, and upon the opposite page he shall note down when paid, or r ny re- 1855. 24 merles to show whare or in what condition it is, as in tha following form, viz : K«X«rs' namei. Data of note. Whandtu. Amount. Remark*. AB, CD, January 1 , 1563. January 1, $ &0 80 1845. January 6, '48, hftnd*d i» ! J, esij , for culleciion (or January 6, '47, paid.) toiMa § 55. "J 1 },© township treasurer 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 according to section hereof. The rate of interest shall be ten per centum per annum, paya- ble half yearly in advance. The time fcr which loans shall be made shall not be less than six months, nor more than five years. For ail sums not exceeding one hundred dollars, loaned for not more than one year, two responsi- ble securities shall be given ; for all sums over one hundred dollars, and for all loans for more than one year, security »haii be given by mortgage on real estate, unencumbered, in value double the amount loaned, with a condition that in case additional security shall at any time be required, the same shall be given to the satisfaction of the board of trustees for the time being. Notes, bonds, mortgages and other securities taken for money or other property, due or to become due to the board of trustees for the towndiip, shell be payable to the said board by their corporate name; and in such name suits, actions and complaints, and every description of legal .proceedings, may be had for the recovery of money, the breach of contracts, and for every legal liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of this corporation : Provided, however, that notes bonds, mortgages and other securities in which the name of the school commissioner, or of the trustees of schools, are inserted, shall be valid to all intents and purposes; and suit shall be brought in the name of the board of trustees as aforesaid. The wife of the mortgagor (if he has one) shall join in the mortgage given to secure the payment of money loaned by virtue of the provisions of this act. § 56. Mortgages to secure the payment of money loaned under the provisions of this act, may be in the fol- lowing fotm, viz : •: mvrtF I, A JR, of the county of , and state of , do hereby grant, convey and transfer to the board of trus- tees ot township , range , in the county of , and st te of Illinois, for the use of the inhabitants of said 85 1855. township, the following described real estate, to wit : (Here insert the premises.) Which real estate I declare to be in mjrtgage for the payment of -£ loaned to me, and for the payment of all interest that may accrue there- on, to be computed at the rate of per cent, per annum until paid. And I 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 farther 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 assessment! 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 education ; and if said estate be sold to pay aaid debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or cove rants herein contained, I will deliver immediate possession of the premises And in consideration of the premises. C, wife of said A B, doth hereby release to the said board all her right and title of dower in the aforegranted premises, for the purposes aforesaid. In testimony whereof we have hereunto set our hands and seals, this day of , 18 — . A B . [seal. J C D . [seal.] Which mortgage shall be acknowledged and recorded Mortgage w >* as is required by law for oth*r conveyances of real estate, the mortgagor paying the expenses of acknowledgment and recording, and fifty cents as a fee to the township treasurer. § 57. Upon the breach of any condition or stipula'ion contained in said mortgage, an action may be maintained and damages recovered as upon other covenants ; but mortgages made in any other form to secure payment as aforesaid shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to secure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed shall not be included. § 58. In all cases where the board of trustees shall Additions', sew- require additional security for the payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon, to the date of judg- ment: Provided, that proof be made of the said requisi- proviso, tion. In the payment of debts by executors and adminis- trators, those due the common school or township fund shall have a preference over all other debts, except fune- ral and other expenses attending the last sickness, not in- 1855. 26 eluding the physician's bill. And it shall be the duty of the township treasurer to attend at the office of the pro- bate justice upon the proper da}, as otlwr creditors, and have any debts due as aforesaid probated and classed, to be paid as aforesaid. Daf*>»H ia ptf- § 59. f{ default he made in the payment of interest M«it of intere»t 3 . j *-l « 11 •• due upon money loaned [by! any school commissioner or township treasurer, or in the payment of the principal, interest at the rate of twelve per cent, per annum shall be charged upon the principal and interest from the day of default, which shall be included in the assessment of damages, or in the judgment in suit or action brought up- on the obligation to enforce payment thereof; and inter- est as aforesaid may be recovered in action brought to re- Brt«s wits. cover interest only. And the said township treasurers are hereby empowered to bring appropriate actions, in the name of the board of trustees, for the recovery of the half yearly interest, when due and unpaid, without suing for the principal, in whatever form secured, and justices of the peace shall have jurisdiction in such cases of all sunn under one hundred dollars. ah sun* dud ac- § 60. All suits brought, or actions instituted under the Mem s to be bro't . . » ,, . , ° i i i i • ^i * in the name of provisions oi this act, may be brought iri the name of as board. t | ie «b oarc [ trustees, of township , iange .."except as is provided for action qui tarn in this act, or in favor of school commissioners. The township treasurer shall de- mand, receive and safely keep, according to law, pll mon- eys, books and papers of every description belonging to his township. He shall keep the township fund loaned at interest ; and if on the first Monday of April in any year there shall be any interest or other funds on hand which shall not be required for distribution, such amount not re- quired as aforesaid shall forever be considered as principal in the funds to which it belongs, and loaned as such. statement to be § 61. On the first Mondays ot April and October, of ^foctobef. 1 "' 1 ' every year, the township treasurer shall lay before the board of trustees a statement, showing the amount of in- terests, rents, issues and profits that have accrued or be- come due since their last regular half yearly meeting, on the township lands and township funds, and also the amount of state and county fund interest on hand. He shall also lay before the said trustees all books, notes, bonds, mort- gages, and all other evidence of indebtedness belonging to the township, for the examination of the trustees, and shall make such other statement as the board may require touch- ing the duties of his office, penalty. § 62. For any failure or refusal to perform all the du- ties required of township treasurer by law, he shall be li- able to the board of trustees upon his bond, to be recover- 27 1S65. ed by action of debt by said board, in their corporate oame, for ihe use of the proper township, before any court having jurisdiction of the amount of damages claimed ; but if «aid treasurer, in any such failure or refusal, acted under and in conformity to a requisition or order of said board, ore majority of them, entered upon their journal and subscribed by their president and clerk, tlien and in that case the members of said board aforesaid, or those of them voting for said requisition or order as aforesaid, and not the treasurer, shall be liable, jointly and seve- rally, to the inhabitants of the township, to be recover- ed by action of assumpsit, in the official name of the ichool commissioner, lor the use of the proper township. § 63. When a township treasurer shall resign, or be Bond^iuertgafM removed, and at the expiration of his term of office, he uverea t« ?n«- ghall pay over to his successor in office all money on hand, c£ssor - and deliver over all books, notes, bonds, mortgages, and all other securities for money, and all papers. and docu- ments of every description, in which the corporation may have any interest whatever, and in case of the death of the township treasurer, his securities and legal representa- tives shall be bound to comply with the requisitions of this section. And for any failure to comply with the re- quisitions of this section, he shall be liable to a penalty of not leis t! an ten, nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained ; and the obtaining or payment of said judgment ehall in nowise discharge »r diminish the obligation of his official bond. TOWNSHIP AND COUNTY SCHOOL FUNDS. § 64. All bonds, notes, mortgages, and other evidence schooifunateiw •f indebtedness, moneys and effects, in the hands of any pai%n°eertf&i ichool commissioner, trustee of schools, township treasu- ca, * § " rer, or other officer, or person, and belonging to any coun- ty or township, and which have heretofore accrued, or may hereafter accrue from the sale of the sixteenth [sec- tion,] or of the common school lands of any township or county, or for the sale of an) real estate or other property taken for any debt, or on any judgment, due to the prin- cipal of any county or township fund, and all surplus in- terest and other funds which have been, or shall hereaf- ter be, carried to and made part of the principal of any township or county funds, by any law which has hereto- fore been, or may hereafter be enacted, in the hand of any county, township, or other officer, or person, and he- longing to any county or township, and all sums arising from the loaning or re-loaning of the principal of any 1855. 28 township or county fund, are hereby declared to be, and shall forever hereafter constitute the principal of the town- ship or county fund, to whichever it may respectively be- long, and no part thereof shall ever be distributed or ex- pended for any purpose whatever, except the interest, rents and profits thereof, but shall be loaned out, and held to use, rent or profit, as herein, heretofore, or may here- after be, provided by law. FBttd to be «ppii- § 65. So much of the school moneys coming into the Mentt>fte*cheri hands of the township treasurer, which has been, or may be derived from the state tar, state fund, or common school fund of the state, or from any 'township tax funds levied for the purpose of continuing the terms of schools, after the state funds have been exhausted, a« provided in section seventy (70) hereof, shall be applied only to th« payment of teachers, in the respective townships to which such fund belongs, and shall be drawn from the treasury for no other purpose whatever ; and all other school funds, paid into the township treasury, arising from taxation, or from other sources, and the interest of the township fund, not otherwise specifically directed to be applied by this act, shall be applied and expended, under tie direction and at the discretion of the board of directors of the dis- trict to which such funds belong, in procuring school house sites, and improving the same, in building, repair- ing, and furnishing school houses, in the payment of com- pensation to township treasurers, and other school pur- poses, as «uch board are authorised to make under the provisions of this act: Provided, however, that nothing herein shall be so construed as to prevent the application of said school funds to the payment of teachers., when ne- necessary, in the opinion of said board, so to apply them, or any part thereof. «oaey how p*id § 66. AH moneys end school fund.*, liable to distribu- tion, not being principal, piid into the township treasury, or coming into the hand* of the township treasurer, shall be paid out only on the ord.*r of the proper board, signed by their president and clerk; and for all pa\ merits made, receipts shall be taken and filed ; and in all such orders shall be stated the purpose for which or en what account drawn ; and all such orders may be in the following form, to wit : Form of order. The treasurer of township number ™— — , range number - — , in — county, will pay to or bearer, dollars and cents, (on Iris contract for repairing Sulphur Spring school house, or otherwise, as the the case miy be.) By order of the board of said town- ship. A B, President. C D, Clerk. 29 1855. Which, together with the receipt of the person to whom paid, shall be filed in th* office of the township treaiurer : Provided^ however, the township treasurer may pay to proriso. any teacher his wages, on such teacher presenting a cer- tificate of the amount due him, and an order for the same, by any two members of the board ot directors, and on said teacher filing with said treasurer a true copy of his certifi- cate of qualification, certified by the said two members to be such as is required by law ; which certificate and or- der as aforesaid shall be appended to the aforesaid true copy of said teacher's qualification ; which certificate and •rder may be in the following form^ viz : We the unders r gnf wunty § 72." According to the rate or rates certified as afore- said, the said county clerk, when making out the tax bookt for tiie collector, shall compute each taxable person's tax in said township, or that part of the township in the coun- ty, or in anj district, taking as a basis the total amount of taxable property returned by the county assessor for that year, lying and bt ing in said township, part of township or district, whether belonging to residents or non-resi- dents, and also each and every tract of land assessed by the assessor, which lies, or tfie largest part of which lies, in said township or part of township or district. The said coun- ty clerk shall cause each person's tax so computed to be set upon the tax book, to be delivered to the county collector for that year, in a separate column, against each tax payer'* name, or parcel of taxable property, as it appears in said collector's books, to be collected in the same manner, and at the same time, as state and county taxes are collected. The computation of each person's tax, and the levy made by the clerk, as aforesaid, s!]all be final and conclusive : Provided, the rate shall be uniform, and shall not exceed the rate cer- tified by the township board of trustees or directors and the said county clerk, before delivering the tax books to the collector, shall make out and deliver, on demand, to each township treasurer, or other authorised person, of the respective townships, or part of townships, in the county, a certificate of the amount due 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 33 1855. treasurer, or other authorized person, shall present the said certificate of the amount of said tax, and make a de- mand therefor, the said county collector shall pay to said township treasurer, or other authorised person, the full amount of said tax, so certified by the county clerk, re- taining from said amount only two per centum, as his fees for collection, taking of the township treasurer, or other authorized person, his receipt therefor ; which receipt shall be evidence, as well in favor of the collector as against the township treasurer, or other authorised person for him ; and said treasurer, or other authorised person for him, shall enter the same in. separate accounts, in his cash book, distinguishing between that part of said account for general schcol purposes, and that for paying teachers and extending the terms of schools, and pay the same out as provided for by this act. § 73. If any collector shall fail to pay the amount of *•>»» x said tax, or any part thereof, as required in the aforesaid section, it shall be competent for the township treasurer, or other authorized person, to proceed against such col- lector and his securities in an action of debt in the County court ; which court is hereby vested with full power and authority to hear and determine all such suits, render judgments and issue execution; or said suit may be brought in any other court having jurisdiction ; and the said collec- tor, so in default, shall pay twelve per centum upon the amount due, to be assessed as damages, which shall be in- cluded in the judgment rendered against him : Provided, no collector shall be liable for such part of said tax as he shall be able to make appear he could not have collected by law, until he may be able to so collect such amount. 6 74. When a township is or shall hereafter be situated certificate u ** ' \ .*. ' j. ..j c retnraed to o)«4 in two or more counties, the certificate, ot the rate oi tax- of cfa*ty c*wu ation, required in the sixty-ninth (69) [section] of this act, shall be returned to the clerks of the county court of each of such counties, furnishing to each elerk the names of the resident tax payers of that part of such township which lies in his county, and each of said clerks shall pro- ceed in all respects, as regards the taxable residents and taxable property of that part of such township situated in his county, as required by the seventy-second section of this act, and for the purpose of enabling the trustees of townships, or school directors to make the estimate of taxes required as provided in section seventy-two, the county clerk of each county shall furnish to the clerk of each of said boards, the total amount of valuation of the taxable pro- perty of each township, part of township, or district re- ipectively, as returned by the assessor of the previous year; and to enable the clerk of the county court to per- form this duty for the first estimates of the boards, a* a 1855. 34 aforesaid, the clerks of said boards, respectively, shall fur- nish to said county clerk a list of all the names of the resident tax payers of the previous year in said township or part of township or district, in the county, and thereafter said list of power t« borrow names shall be furnished as provided in section seventy of this money. ac ^ y^ ^ p Ur p 0Se f erecting school houses, or purcha- sing school house sites, or for repairing and improving the same, it shall be lawful for the board of directors of any district to borrow money at a rate of interest not exceeding ten percent, per annum, and issue bonds therefor in sums not less than one hundred dollars ; which bonds shall he exa- prowso. cuted by the president and clerk of said board : Provided, that the total indebtedness incurred by any district under this section, shall not at any time exceed one per centum of the assessed value of the real and personal property of said district. COMPENSATION OF OFFICERS. _ „ S 75. School commissioners shall be allowed to retain. Compensation of 3 i-ri^i i • i ■ i i school eomrnis- ou t of the township lunds oi the township lor which th« services may be rendered, three per cent, upon the amount of sales of school lands, and upon the real estate taken for debt, for their services in making such sales, including such other services connected therewith as are required by the provisions of this act, and two per cent, they may retain upon the amount of all sums distributed, paid or loaned out by them for the support of schools ; and for visiting schools, they shall be allowed to retain two dollars per day, for any number of days not exceeding fifty during any year, which account shall be certified and sworn to by the commissioner of each county. § 76. Township treasurers shall be allowed to retain two per cent, upon all sums paid out, or loaned by them i Provided, however, the boards of trustees may reduce said compensation; and said boards shall, and it is hereby made their duty, to make a reasonable allowance to said treasurers for their services performed as clerks of said boards, to be paid out of the township funds. School com- missioners, trustees of schools, school directors, and all other school officers, shall be exempted from working on the roads, serving on juries and military duty. Townihiptr<;a#U' LIABILITIES OF OFFICERS. Liabilities of offi- MTi. § 77. If any school commissioner, trustee of schools^ township treasurer, director, or any other person entrust- ed with the care, control, management, or disposition of any school, college, seminary, or township fund, for the use of any county, township, district, or school, shall 35 1855. convert any such funds, or any portion thereof, to his own use, he shall be liable to indictment, and upon conviction, ■hall be fined in not less than double the amount of money converted, and imprisoned in the county jail not less than one or more than twelve months, at the discretion of the court. § 78. Trustees of schools shall be liable, jointly and severally, for the sufficiency of securities taken trom town- ship treasurers; and in case of judgment against said trea- surers and their securities, for or on account of any de- fault of any such treasurer, on which the money shall not be made for want of sufficient property whereon to levy execution, actions on the case may be maintained against said trustees, jointly or severally, and the amount not collected on said judgment shall be recovered with costs : Provided, that if said trustees can show, satisfac- torily, that the security taken from the treasurer as afore- said was at the time of said taking good and sufficient, they shall not be liable as aforesaid. § 79. The real estate of school commissioners, of town- Liea upon re*i ship treasurers, and all other school officers, and of the of^wiw*? -at * securities of each of them, shall he bound for the satisfac- tion and payment of all claims and demands against said commissioners and treasurers, and other officers, as such, from the date of issuing process against them, in actions or suits brought to recover such claims or demands, until satisfaction thereof be obtained ; and no sale or alienation of real estate by any commissioner, treasurer or other offi- cer, or security aforesaid, shall defeat the lein created by this section, but all and singular such real estate held, •wned, or claimed as aforesaid, shall be liable to be sold in satisfaction of any judgment which may be obtained in ■uch actions or suits. § 80. Trustees of schools, school directors or either j>aii«e t« make of them, failing or refusing to make returns of children ******* in their township, or district, according to the provisions of this act, or if either of them shall knowingly make a false return, the party so offending shall be liable to a penalty of not less than ten dollars nor more than one hundred dollars, to be recovered by action of assumpsit, before any justice of the peace of the county, which pen- alty, when collected, shall be added to the township fund ; and if any school commissioner, director or trustee, or either of them, or other officer whose duty it is, shall neg- ligently or wilfully fail or refuse to make, furnish, or com- municate the statistics and information, or shall fail to discharge the duties enjoined upon them, or either of them, at the time and in the manner required by the pro- visions of sections nineteen and thirty-eight of this act, such delinquent or party offending shall be liable to a fine of 1855. 36 twenty-five dollars, to be recovered before any justice of the peace, on information in the name of the people of the state of Illinois, and when collected shall be paid to the school commissioner of the proper county for the use of schools. school eommis- § 81. School commissioners, trustees of schools, di- ^« e W ia «svtain rectors and township treasurers, or either of them, and ** seB * any other officer having charge of school funds or proper- ty, shall be responsible for all losses sustained by any county, township, or school fund, by reason of any failure on his or their part to perform the duties required of him 4 or them by this act, or by any rule or regulation author- ised to be made by this act ; ana each and every of the officers aforesaid shall be liable for any such loss sustain- ed as aforesaid, and the amount thereof may be recovered, in a civil action, before any court having jurisdiction there- of, at the suit of the state of Illinois, for the use of the county, township, or fund injured ; and the amount, when collected, shall be paid to the proper officer, for the bene- fit of said county, township, or fund injured. COST, TENURE OP OFFICES AND CONTRACTS UNDER FORMER LAWS. ,\'» *»t to be § 82. No justice of the peace, probate justice, consta- ^.Ses? ° er " D * e > clerk of any court, or sheriff, shall charge any costs, | in any suit where any agent of any school fund, suing for the recovery of the same, or any interest due thereon, is plaintiff, and shall be, from any cause, unsuccessful in such suit. School commissioners appointed heretofore shall continue in office until superseded according to the provisions of this act, and their duties, responsibilities, and powers shall be governed by the provisions herein Tenure of effiee. named. Trustees of school lands heretofore appointed, and trustees of schools heretofore elected, shall, also, con- tinue to discharge the duties of their office until trustee! of schools are elected under the provisions of this act. Townships heretofore incorporated shall, without any further action or proceeding, be considered as incorpora- ted under the provisions of this act, and the trustees and other officers shall continue to discharge their duties till suspended by appointment or election under this law ; and all school directors and officers heretofore appointed, shall continue in office until superseded by the election as provi- ded in this act, and shall be governed by the provisions of the laws heretofore in force, unless otherwise directed by L«fe«B rem»in this act. Leases of school lands shall remain valid and be y*n. executed according to the laws under which they were made. Common school lands valued and offered for sale and remaining unsold shall be sold upon terms prescribed 37 1866. by this act. All taxes levied and contracts made under the laws hereby repealed shall remain valid, and all rights, remedies, defences, and causes of action existing, or which may hereafter exist or arise, under or by virtue of said repealed laws, shall continue and remain valid, and shall be enforced, notwithstanding the repeal of said laws, unless canceled according to the provisions of this act. Or CITIES AND INCORPORATED TOWNS. § 83. This act shall not be so construed as to repeal or m™ a** m or change, in any respect, any special acts m relation to schools, in cities or incorporated towns, except that it shall be the duty of the several boards of education, or other officers, of any city or incorporated town, having in charge schools under the provisions of any of the said ipecial acts, or of any ordinance of any city or incorpora- ted town, on or before the second Monday of October, preceding each regular session of the general assembly of this state, or annually, if required so to do by the state superintendent, to make out and render a statement of all such statistics and other information in regard to schools, and the enumeration of children, or white persons, as are required to be communicated by township boards of trus- tees or directors, under the provisions of the thirty-eighth (38) section of this act, or so much thereof as may be ap- plicable to said city or incorporated town, to the school commissioner of the county where such city or incorpora- ted town is situated, or of the county in which the larger part of such city or town is situated ; nor shall it be law- ful for the county school commissioner, or any other officer or person, to pay over any portion of the common school fund, to any local treasurer, school agent, clerk, board of education, or other officer, or person, of any township, city, or incorporated town, unless a report of the number of children, or white persons, and other statistics relative to schools, and a statement of such other information, as are required of the boards of trustees or directors as afore- said, and of other school officers and teachers under the pro- visions of this act, shall have been filed, at the time or times aforesaid, specified in this section, with the school commissioner of the proper county, as aforersaid. SCHOOLS OF PERSONS OF COLOR. § 84. In townships in which there shall be persons of Schooled color, the board of education shall allow such persons a portion of the school fund, equal to the amount of taxes collected for school pursons from such persons of color in their respective townships. 1855. 38 COMMON SCHOOL LANDS. *uamcm sehooi § 85. Section number sixteen in every township grant- ed to the state by the United States for the use of schools, and such sections and parts of sections as have been or may be granted as aforesaid, in lieu of all or part of section number sixteen, and also the lands which have been or may be selected and granted as aforesaid, for the use of schools, to the inhabitants of fractional townships in which there is no section number sixteen, or where such section shall not contain the proper proportion for the use of schools in such fractional township, shall be held as common school lands; and the provisions of this act referring to common school lands shall be deemed to apply to the lands aforesaid. § 86. All the business of such townships, so far as re- lates to common school lands, shall be transacted in that county which contains all or a greater portion of said lands. If any person shall, without being duly authorised, cut, fell, box, bore, destroy or carry away any tree, sapling or log standing or baing upon any school lands, such per- son shall forfeit and pay for every tree, sapling or log so felled, boxed, bored, destroyed or carried away, the sum of eight dollars ; which penalty shall be recovered, with costs of suit, by an action of debt or assumpsit, before any justice of the peace having jurisdiction of the amount claim- ed, or in the county or circuit court, either in the-corpo- rate name of the board of trustees of the township to which the land belongs, or by action of qui tam, in the name of any person who will first sue for the same — one half for the use of the person suing, the other half to the use of the township aforesaid. When two or more persons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein imposed. Every trespasser upon common school lands shall be liable to in- dictment, and upon conviction, fined in three times the amount of the injury occasioned by said trespass, and shall stand committed as in other cases of misdemeanor. All penalties and fines collected under the provisions of this section shall be paid to the township treasurer, and be ad- ded to the principal of the township fund ; and all other fines, penalties and forfeitures imposed or incurred in any of the circuit courts of this state, or collected by justices of the peace or other county officers, except fines collect- ed in incorporated towns or cities, for the violation of the by-laws or ordinances of said towns or cities, shall be paid to the school commissioner of the county where such fines, penalties and forfeitures have been collected, and the same shall be distributed by said commissioner in the same man- ner as the common school funds of the state are distribu- ted ; and if any county officer or justice of the peace afore- 39 1866. said shall fail or refuse to pay as aforesaid, after collec- tion, such officer or justice of the peace so failing or re- fusing to pay as aforesaid shall forfeit and pay double the amount of such fine, penalty or forfeiture as aforesaid, col- lected by him, to be recovered before any court having ju- risdiction, in a civil action, at the suit of the school com- missioner. SALE OF COMMON SCHOOL LANDS. § 87. When the inhabitants of any township or frac- sai« or sct.oo tional township shall desire the sale of the common school land8 ' land of the township or fractional township, they shall pre- sent a petition to the school commissioner of the county in which ttie school lands of the township, or the greater part thereof, lie, for the sale thereof; which petition shall be signed by at least two thirds of the white male inhabitants of the township or fractional township of and over twenty- one years of age. The signing of the petition must be in the presence of two citizens of the township, after th® true meaning thereof shall have been explained; and when sign- ed an affidavit shall be affixed thereto, by the two citizens, proving the signing in the manner aforesaid, and stating the number of white male inhabitants in the township or fractional township, of and over twenty- one years of age ; and said petition, so proved, shall be delivered to the school ^ commissioner for his action thereon : Provided, that no Froviao. ™ "whole section shall be sold in any township containing less than fifty inhabitants; and common school lands in frac- tional townships may be sold when the number of inhabi- tants and number of acres are in the ratio of fifty to six hundred and forty, but not before. § 88. When the petition and affidavits are delivered Trustees to dr»M« to the school commissioner as aforesaid, he shall notify the land int0 10 **' trustees of said township thereof, and said trustees shall immediately proceed to divide the land into tracts or lots of such form and quantity as will produce the largest amount of money; and after making such division, a cor- rect plat of the same shall be made, representing all di- visions, with each lot numbered and defined, so that its boundaries may be forever ascertained. Said trustees shall then fix a value on each lot, having regard to the terms of sale, certify to the correctness of the plat, stating the val- ue of each lot per acre, or per lot, if less than one acre, and referring to and describing the lot in the certificate, so as fully and clearly to distinguish and identify each lot; which plats and certificate shall be delivered to the school commissioner, and shall govern him in advertising and sel- ling said lands. § 89. In subdividing common school lands for sale, no subdivision *t lot shall contain more than eighty acres, and the division lots 1856. 40 may be made into town or village lots, with roads, streets or alleys between them and through the same; and all such divisions, with all similar divisions hereafter made, are hereby declared legal; and all such roads, streets and al- leys, public highways. fwmsorneHfng.. § 90. The terms of selling common school lands shall be to the highest bidder, for cash, with the privilege to each purchaser of borrowing from the school commissioner the amount of his bid, for any period not less than one nor more than five years, upon his paying interest and giving secu- rity, as in case of money loaned by township treasurer, as provided in this act. pte«e of waiing. § 91. The place of selling common school lands shall be at the court house of the county in which the lands are situated; or the trustees of schools may direct the sale to be made on the premises ; and upon the reception by the school commissioner of the plat and certificate of valuation from the trustees, lie shall proceed to advertise the said land for sale, in lots as divided and laid off by said trustees, by posting notices thereof in at least six public places in the county, forty days next anterior to the day of sale, de- scribing the land, and stating the time, terms and place of sale; and if any newspaper is published in said county, said advertisement shall be printed therein for four weeks be- fore the day of sale — if none, then it shall be sold under the £f notice aforesaid. ... Ilimis . § 92o Upon the day appointed, the school commission- '.;. mate er shall proceed to make sales, as follows, viz : he shall begin at the lowest number of lots, and proceed regularly to the highest, till all are sold or offered. No lot shall be sold for less than its valuation by the trustees. Sales shall be made between the hours of ten o'clock A. M., and six o'clock P. M., and may continue from day to day. The lots shall be cried separately, and each Jot cried long enough to enable any one present to bid who desires it. ta be § 93. Upon closing the sales each day, the purchasers shall each pay, or secure the payment of the purchase mo- ney, according to the terms of sale ; or in case of his failure to do so by ten o'clock the succeeding day, the lot pur- chased shall be again offered at public sale, on the same terms as before, and if the valuation or more shall be bid, shall be stricken off; but if the valuation be not bid, the lot shall be set down as not sold. If the sale is or is not made, the former purchaser shall be required to pay the difference between his bid and the valuation of the lot; and in case of his failing to make such payment, the school commiasioner may forthwith institute an action of debt or assumpsit, in his name, as commissioner, for the use of the inhabitants of the township where the land lies, for the re- quired sum ; and upon making proof, shall be entitled to 41 18543. judgment, with costs of suit; which, when collected, sfiali be added to the principal of the township fund. And if the amount claimed does cot exceed one hundred dollars, the •uit may be instituted before a justice of the peace ; but if more than that sum, then in the circuit court of any coun- ty wherein the party may be found. § 94. All lands not sold at public sale, as herein pro- unsotcuaBdssrt- vided for, shall be subject to sale at any time thereafter, at raioauo». the valuation ; and school commissioners are authorised and required, when in their power, to sell all such lands at private sale, upon the terms at which they are offered at public sale. § 95. In all cases where common school lands have Trustee* t» caua* been heretofore valued, and have remained unsold for two years after having been offered for sale, or shall hereafter remain unsold that length of time, after being valued and •iFered for sale in conformity to this act, the trustees of schools where such lands are situated may vacate the val- uation thereof, by an order to be entered on book A, of She school commissioner, and cause a new valuation to be made, if in their opinion the interests of the township will be promoted thereby. They shall make said second valu- ation in the same manner as the first was made, and shall deliver to the school commissioner a plat of such second valuation, with the order of vacation to be entered as afore- * said ; whereupon said school commissioner shall proceed in selling said lands in all respects as if no former valua- tion had been made : Provided, that the second valuation ?«>▼*»•• may be made by the trustees of schools, without petition, as provided in this act. § 96. Upon the completion of every sale by the pur- certificate o» P *r- •haser, the school commissioner shall enter the same on book B, and shall deliver to the purchaser a certificate of purchase, stating therein the name and residence of the purchaser, describing the land and the price paid therefor; which certificate shall be evidence of the facts therein sta- ted. S 97. At the first regular term of the county court in statement »r ■ 3 1 , i i .. in i school «ommli~ eacn year, the school commissioner shall present to the sioneru eou»ty court of his county — first, a statement showing the sales of eonT ' school lands made subsequent to the first regular term of the previous year, which shall be a true copy of the sale book, (book B;) second, statements of the amount of money- received, paid, loaned out, and on hand, belonging to each township or fund under his control — the statement of each fund to be separate ; third, statements copied from his loan book, (book C,) showing all the facts in regard to loans which are required to be stated upon the loan book ; all of which the f unty court shall thereupon examine and com- pare with t . vouchers, and the said county court, or so 1855. 42 Trausoript to be fwnished the auditor. Ponriiasar to re- Mt*e patent. many of them as may be present at the term of the court, shall be liable individually to the fund injured, and to th« securities of said school commissioner, 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 section : Provided^ nothing herein contained shall be construed to exempt the securities of said school com- missioner from any liability as such securities, but they shall still be liable to the fund injured the same as if the county commissioners were not liable. § 98. The school commissioner shall also, at the time aforesaid, transmit to the auditor of public accounts a full and exact transcript from book B of ail the sales made sub- sequent to each report. The statement in section ninety- seven (97) hereof, required to be presented 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. § 99. Every purchaser of common school land shall be entitled to a patent from the state, conveying and assuring the title. Patents shall be made out by the auditor from re- turns made to him by the school commissioner. They shall contain a description of the land granted ; and shall be in the name of and signed by the governor, countersigned by the auditor, with the great seal of the state affixed thereto by the secretary of state, and shall operate to vest in the purchaser a perfect title in fee simple. When patents are executed as herein required, the auditor shall note on th* 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, h» 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. »>^>ji«**e copies. § 100. Purchasers of common school lands, and their heirs and assigns, may obtain duplicate copies of their cer- tificates of purchase, and of patents, upon filing affidavit with the school commissioner in respect to certificates, and with the auditor in respect to patents, proving the loss or destruction of the originals ; and such copies shall have all the force and effect of the originals. ACTS REPEALED- -PUBLICATTON AND DISTRIBUTION OF TH» ACT. a** repeal. § 101. An act entitled " An act to establish and mai»- tain common schools," approved February 12th , 184% and an act to amend said act, approved February 12th, 1851, AX 1855. aad a* act entitled '* An act to inorease the school ftmd,** approved February 10th, 1853, and all other acts and parts of acts coming in conflict with the provisions of this aot, are hereby repealed. This act to be in force from and after its passage. § 102. The public printer is hereby required to print w ^ e ^J^i thirty thousand copies of this act, under the direction of utPi. fee secretary of state, who shall first make a perfect in- dex hereto, to be distributed by him according to popula- tion among the several counties of the state, and deposit- ed with school commissioners, to be distributed by them to the directors of the boards of education and township treasurers, for the use of the different officers under this law. Appro vbd Feb. 15, 1855. Bbbatuh. — Ib the 7th line of the 34tli section, page It, of a portion ef the editioB, the word " three" should be " two." LIBRARY OF CONGRESS 019 749 601