GIFT OF oS? THE SCHOOL LAW OF ILLINOIS ENACTED BY THE Forty-Sixth General Assembly ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction. SPRINGFIELD, ILLINOIS: ILLINOIS STATE JOURNAL Co., STATE PRINTERS 1910 THE SCHOOL LAW OF ILLINOIS ENACTED BY THE Forty-Sixth General Assembly ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction. SPRINGFIELD, ILLINOIS: ILLINOIS STATE JOURNAL Co., STATE PRINTERS 19 10 L ii M 133 v-Vvo CIRCULAR 52, GENERAL SCHOOL LAW. AN ACT to establish and maintain a system of free schools. SECTION 1. Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly: That on Tuesday next after the first Monday in November, 1910, and quadrennially thereafter, there shall be elected by the qualified voters of this State a Superintendent of Public Instruction, who shall hold his office for four years from the second Monday in January next after his election. 2. Before entering upon his duties he shall take and subscribe the oath of office prescribed by the Constitution, and execute a bond in the penalty of $25,000.00, payable to the People of the State of Illinois, with securities to be approved .by the Governor, conditioned upon the faithful discharge of his duties. Such bond and oath shall be deposited with the Secretary of State. 3. The duties of the Superintendent of Public Instruction shall be: First To have his office at the seat of government, and to keep a record of all matters pertaining to the business of his office. Second To file all papers, reports and public documents transmitted to him by the school officers of the several counties, for each year sepa- rately; and to keep and preserve all other public documents, books and papers relative to schools, coming into his hands as Superintendent of Public Instruction. Third To supervise all the common and public schools in the State. Fourth To counsel and confer, in such manner as he may deem best, with experienced and practical teachers as to the best manner of conducting common schools. Fifth To advise and assist county superintendents of schools, address- ing to them, from time to time, circular letters relating to the best manner of conducting schools, constructing school houses, furnishing the same, and examining and procuring competent teachers, Sixth To be ex officio a member of the board of trustees of the Southern Normal University. Seventh To make such rules and regulations as may be necessary to carry into efficient and uniform effect the provisions of this Act, and of all laws for establishing and maintaining free schools in the State. Eighth To be the legal advisor of school officers, and, when requested by any school officer, to give his opinion in writing upon any question arising under the school laws of the State. 242857 Ninth To hear and determine all controversies arising under the school laws of the State, coming to him by appeal from a county superin- tendent of schools. Tenth To grant certificates to such teachers as may be found qualified to receive them, and to suspend the operation of any State certificate for immorality or other unprofessional conduct. Eleventh To visit such of the charitable institutions of the State as are educational in their character, to examine their facilities for instruc- tion, and to prescribe forms for such reports as he may desire from their superintendents. Twelfth To report to the Governor, on or before the 1st of November, preceding each regular session of the General Assembly, the condition of the schools in the several counties of the State ; the number of schools which have been taught in each county in each of the preceding years., commencing on tjie 1st of July; the number taught by men and women respectively; the number of pupils in attendance; the number of persons- in each county under 21 years of age, and the number of persons between the ages of 12 and 21 years unable to read and write; the amount of township funds; the amount of interest on the State or common school fund, and on the township fund, annually paid out; the amount raised by an ad valorem tax; the amount annually expended for schools; the number of school houses, their kind and condition; the number of townships and parts of townships in each county; the number of books purchased for the use of schools and the cost of the same; the value of apparatus purchased; the number of district libraries; together with such other information and suggestions as he may deem important in relation to the schools and school laws, and the means of promoting education throughout the State; which report shall be submitted to the General Assembly at each regular session. 4. The Superintendent of Public Instruction shall have the follow- ing powers : First To designate the particular statistics relating to public schools which school officers are required to report to the county superintendent of schools. Second To authorize the county superintendent of schools to procure such assistance as may be necessary to conduct teachers' institutes. Third To require the county superintendents of schools to furnish him with such information as he may desire to include in his report to the General Assembly. Fourth To require the trustees of schools of each township to make, at any time, a report similar to that required of trustees of schools, on or before the 15th day of July preceding each regular session of the General Assembly. Fifth To require annual reports from the authorities of townships, cities or districts maintaining schools by authority of special charters. Sixth To remit, upon the recommendation of the county superin-' tendent of schools, or for other good and sufficient reasons, the forfeiture of the school fund by any township which may have failed to make the reports required by law. Seventh To require the Auditor of Pubic Accounts to withhold from the county superintendent the amount due his county from the State school fund, or the said county superintendent for Ms compensation, until the report provided for in section 7 of this Act shall have been furnished as therein required. Eighth To request the president, principal or other proper officer of -every organized university, college, seminary, academy or other educa- tional institution, whether incorporated or unincorporated, to submit such report as he may require, in order to lay before the General Assembly a full exhibit of the affairs and conditions of such institutions and of the educational resources of the State. Ninth To require the county .superintendent of schools, trustees, township treasurer, directors or other school officer to withhold from any township, district, officer or teacher any part of the common school township or other school fund, until such treasurer, officer or teacher shall have made all schedules, reports and returns required of him by this Act, and until .such officer shall have executed and filed all official bonds and accounted for all common school, township or other school funds which have come into his hands. COUNTY SUPERINTENDENT OF SCHOOLS. 5. On Tuesday next after the first Monday in November, 1910, and quadrennially thereafter, there shall be elected by the qualified voters of every county in this State a county superintendent of schools, who shall enter upon the discharge of his duties on the first Monday of December after his election. 6. Before entering upon his duties he shall take and subscribe the oath prescribed by the Constitution, and execute a bond payable to the People of the State of Illinois, with two or more responsible freeholders as security, to be approved by the county board or by the judge and clerk of the county court, in a penalty of not less than $12,000.00, condi- tioned upon the faithful discharge of his duties. The bond shall be in the following form, to wit : STATE OF ILUNOIS, ] 88, COUNTY, j Know All Men by These Presents: That we, A B, C D, and E F, are held and firmly bound, jointly and severally, unto the people of the State of Illi- nois, in the penal sum of dollars, to the payment of which we bind ourselves, our -heirs, executors and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of , 1 The condition of this obligation is such that if A B, county superintendent of schools of the county aforesaid, shall faithfully discharge all the duties of his office, according to law; and shall deliver to his successor in office all moneys, books, papers and property in his hands as such county superin- tendent of schools, then this obligation to be void, otherwise to remain in full force and virtue. A '. B [Seal] C D [Seal] E P [Seal] 6 This bond shall be filed in the office of the county clerk,, and action or actions upon it may be maintained by any corporate body interested, for the benefit of any township or fund injured by any breach of its conditions. 7. On or before the 15th of August, annually, the county super- intendent of schools shall present to the Superintendent of Public Instruction such information relating to schools in his county as the Superintendent of Public Instruction may require. 8. The county superintendent shall present under oath, or affirma- tion, to the county board, at its annual meeting in September, and as near quarterly thereafter as such board may have regular or special meetings, a report of all his acts as county superintendent, including a list of all the schools visited, with the dates of visitation. 9. The county superintendent shall report, in writing, to the county board, at its regular meeting in September of each year, stating, first, the balance on hand at the time of the last report, and all receipts since that date, with the sources from which they were derived; second, the amount distributed to each of the township treasurers in his county ; third, any balance on hand. At the same time he shall present for inspection his books and vouchers for all expenditures, and submit in writing a statement of the condition of the institute fund and of any other funds in his care, custody or control. 10. The county superintendent shall keep three books, to be known and designated by the letters A, B, and C, for the following purposes: In book A he shall record at length all petitions presented to him for the sale of common school lands, the plats and certificates of valuation made by or under the direction of the trustees of schools, and the affida- vits in relation to the same. In book B he shall keep an account of all sales of common school lands, including the date of sale, name of purchaser, description of land sold and the selling price. In book C he shall keep a regular account of all moneys received or paid out; from whom received, on what account, showing whether it is principal or interest, the rate of interest, and a description of the real estate taken as security; if paid out, to whom, when, and on what account, and the amount of the list of sales and the account of each township fund to be kept separate. 11. At the regular meeting of the county board, in each year, the county superintendent shall present, first, a statement showing the sales of 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, a statement of the amount of money received, paid, and in hand, belonging to each township or fund under his control, the statement of each fund to be separate; third, a statement copied from his loan book (book C), showing all the facts in regard to loans which are required to be stated in the loan book. 12. In all cases in which the trustees of schools of any township shall fail to prepare and forward, or cause to be prepared and forwarded, to the county superintendent the information required of them by this Act, it shall be the duty of the county superintendent to employ a com- petent person to take the enumeration and furnish such information, as far as practicable. The person so employed shall have access to the books and papers of the township to enable him to make such statement; and the township treasurer, or other officer or person in whose custody such books and papers may be, shall permit such person to examine such books and papers at such times and at such places as such person may desire for the purposes aforesaid. For such services the county superin- tendent shall pay to the person so employed by him such amount as he may judge reasonable, out of any money which is or may come into his hands, apportioned as the share of or belonging to such township; and the county superintendent shall proceed to recover and collect the amount so allowed or paid in a civil action before any justice of the peace in the county, or before any court having jurisdiction, in the name of the People of the State of Illinois, of and against the trustees- of schools of the township in their individual capacity ; and in such suit or suits the county superintendent and the township treasurer shall be competent witnesses. The money so received, when collected, shall be paid to the county superintendent for the benefit of the township, ta replace the money taken as aforesaid. 13. Whenever the bond of any .township treasurer, approved by the trustees of schools, as required by law, shall be delivered to the county superintendent of schools, he shall carefully examine the same, and if the instrument is found to be in all respects according to law, and the. securities good and sufficient, he shall endorse his approval thereon, have it recorded in the recorder's office, and file the same with the papers of his office ; but if the bond is in any respect defective, or if the penalty- is insufficient, he shall return it for correction. When the bond shall' have been received and filed, the superintendent shall, on demand, deliver to the township treasurer a written statement certifying that his bond has been approved and filed, and that the township treasurer is entitled to the care and custody, on demand, of all moneys, bonds, mortgages,, notes and securities, and all books, papers and property of every descrip- tion belonging to the township. 14. Upon receipt of the amount due the county from the State school funrl, the county superintendent shall apportion the same, together with other funds held for distribution, to the townships and parts of townships in his county in which schools have been -maintained, as pro- vided by law, according to the number of persons under 21 years of age returned to him, and shall pay the distributive share belonging to each township and fractional township to the respective township treasurers, or other authorized persons, annually : Provided, however, that no part of the State or other school fund shall be paid to any township treasurer, or other person authorized to receive it, unless such treasurer shall have filed his bond/or, if reflected, shall have renewed his bond and filed the same as required by law. 15. It shall further be the duty of each county superintendent of schools : First To execute, upon notice by the county board, a new bond., con- ditioned and approved as the first bond. Second To sell township fund lands, issue certificates of purchase, report to the county board and Auditor of Public Accounts, and perform all other duties pertaining thereto. Third To register the names of all applicants for normal school and university scholarships; to hold, or cause to be held, examinations for the same, and to perform such other duties as pertain thereto. Fourth To visit each public school in the county at least once a year, noting the methods of instruction, the branches taught, the text books used, and the discipline, government and general condition of the schools; in the performance of which duty he shall spend at least half his time, and more, if practicable, in visiting ungraded schools. Fifth To give teachers and school officers such directions in the science, art and methods of teaching, and in regard to courses of study, as he may deem expedient, Sixth To act as the official adviser and constant assistant of the school officers and teachers of his county. In the performance of this duty he shall faithfully carry out the advice of the Superintendent of Public Instruction. Seventh To conduct a teachers' institute, to aid and encourage the formation of other teachers' meetings, and to assist in their management. Eighth To labor in every practicable way to elevate the standard of teaching, and improve the condition of the common schools of his county. Ninth To examine at least once each year all books, accounts and vouchers of every township treasurer in his county, and, if he finds any irregularities in them, to report the same at once, in writing, to the trustees, whose duty it shall be to take immediately such action as the case demands. Tenth To examine all notes, bonds, mortgages, and other evidences of indebtedness which the township treasurer holds officially, and if he finds that the papers are not in proper form, or that the securities are insufficient, he shall so state, in writing, to the board of trustees. Eleventh To give notice of the election of trustees in such cases as are specified in section 24 of this Act. Twelfth To give notice of any regular or special election as required by section 107 of this Act. Thirteenth To investigate and determine all matters pertaining to changes in the boundaries of school districts which may come to him by appeal from the decision of the trustees of schools, and to inform the township treasurer from whom the papers relating to the matter were received of his decision. Fourteenth To file and keep all the poll books and returns of elections required to be returned to him and the reports and statements returned by township treasurers and trustees of schools. Fifteenth To hold meetings, at least quarterly, for the examination of teachers. 9 Sixteenth To grant certificates of qualification to teach to such per- sons as may be qualified to receive them, and to keep a record of all teachers to whom certificates have been granted, and of all teachers employed in his county. Seventeenth To notify the presidents of boards of trustees and the clerks of school districts, on or before September 30, annually, of the amount of money distributed by him to the township treasurer, with the date of distribution. Eighteenth To keep in his office a map of his county on a scale of not less than two inches to the mile, and to indicate thereon the boundary lines and numbers of all school districts. Districts shall be numbered consecutively. In case of the formation of a new district composed of parts of two or more counties, the county superintendents of such counties shall agree upon a number by which such district ehall be designated, which number shall not be a duplicate of any number in either of such counties. Nineteenth To furnish the township treasurers a list of the districts in their .respective townships with the consecutive numbers of the same. 16. The county superintendent shall have power : First To require the trustees of each township in his county to make, at any time he may desire, the report provided for in section 36 of this Act. Second To recommend to the Superintendent of Public Instruction the remission of the penalty provided for a failure of the trustees of schools to make the report required by law. Third To renew teachers' certificates at their expiration by his endorsement thereon. Fourth To revoke the certificate of any teacher for immorality, incompetency or other just cause. Fifth To direct in what manner township treasurers shall keep their oooks and accounts. Sixth To bring suit against the county collector for failure to pay the amount due upon the Auditor's warrant. Seventh To remove any school director from office for wilful failure to perform his official duties. Eighth To employ, with the approval of the county board, such assistant or assistants as he needs for the full discharge of his duties. Such assistants shall be persons of good attainments, versed in the prin- ciples and methods of education, familiar with public school work, and competent to visit schools. Ninth To demand of the trustees of schools certified copies of maps and records of school districts as organized. In case of discrepancies or defects in defining the boundaries of school districts the" county superintendent, or, in case of a district lying in two or more counties, the county superintendents of such counties acting jointly, shall be authorized to define such boundaries in conformity with what may appear to have been the intention of the trustees of schools wnen such boundaries were established. 10 17. In all controversies arising under the school law., the opinion and advice of the county superintendent shall first be sought, whence appeal may be taken upon a written statement of facts certified by the county superintendent to the Superintendent of Public Instruction. 18. The county superintendent, upon his removal or resignation, or at the expiration of his term of office, or in case of his death his representatives, shall deliver 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 county superintendent, TRUSTEES OF SCHOOLS. 19. Each Congressional township is hereby established a township for school purposes. When a fractional Congressional township contains fewer than two hundred persons under 21 years of age, the trustees of schools, upon petition of a majority of the adult inhabitants of such fractional township, may, by written agreement with the trustees of any adjacent township, consolidate the territory, school funds and other property of such fractional township with such adjacent township. Such territory, school funds and other property shall thereafter be managed by the trustees of such adjacent and consolidated township in accordance with the terms of such agreement, in the manner provided by law. The agreement shall be signed by a majority of the trustees of each township, and filed for record in the office of the county clerk of the county in which such consolidated township, or the greater part thereof, is situated. 20. The school business of the township shall be transacted by three trustees, to be elected by the qualified voters of the township, as hereinafter provided. Such trustees shall be a body politic and corpo- rate, by the name of "trustees of schools of township No. .-. . . .1. ....... range No. .....;.,. .," according to the number. Such corporation shall have perpetual existence, with power to sue and be sued, and to plead and be impleaded, in all courts and places where judicial proceedings are had. 21. No person shall be eligible to the office of trustee of schools who is not a resident of the township, and at least 21 years of age. In case there are three or more school districts in a township, no two trustees shall reside, when elected, in the same school district, nor shall a person be eligible to the office of trustee of schools and school director at the same time. 22. The election of trustees of schools shall be held, in townships whose boundaries do not coincide with those of towns, on the second Saturday of April, annually. In townships whose boundaries do coincide with those of towns as established under the township organization laws, the trustee or trustees shall be elected at the same time and in the same manner as town officers. In townships in which no election for school trustees has heretofore been held, or in townships in which from 11 any cause there are no trustees of. schools, or in case of a vacancy or vacancies, the election of trustee or trustees, of schools may be held on any Saturday. 23. Notice of the election of trustees shall be given by the township treasurer, upon the order of the trustees of schools, or, in case of a first election, by the county clerk, by posting notices, at least ten days previous to the time of such election, in not less than five of the most public places in the township, which notices shall specify the time, place and object of the election, and may be in the following form, to wit: NOTICE OF ELECTION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at for the purpose of electing school trustee., for township No Range No The polls will be opened at o'clock, m., and closed at o'clock, ...... .m. . By order of the trustees of schools. Township Treasurer. 24. If the township treasurer shall fail or refuse to give notice of the regular election of trustees, as required by the foregoing section, and if, in case of a vacancy, the remaining trustee or trustees shall fail or refuse to order an election to fill such vacancy, it shall be the duty of the county superintendent to order such election. 25. If, upon, the day appointed for the election of trustees of schools, the trustee or judges shall be of the opinion that, on account of the small attendance of voters, the public good requires it, or if a majority of the voters present shall desire it, they shall postpone the election until the next Saturday, at the same place and hour, at which time and meeting the voters shall proceed as if it were not a postponed or adjourned meeting: Provided, however, that if notice shall not have been given of such election, as required by section -23 of this Act, the election may be ordered and held on any Saturday, notice thereof being given. 26. The time and manner of opening, conducting and closing the election, and the several liabilities appertaining to the judges, clerks and voters, separately and collectively, and the manner of contesting the election, shall be the same as prescribed by the general election laws of this State defining the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this Act. 27. The trustees of schools shall act as judges and choose a clerk of the election. If the trustees, or any of them, shall fail to attend, or refuse to act when present, or if, from any cause, there are no trustees of schools, or not a sufficient number to act as judges, the qualified voters present shall choose from among themselves the number of judges required to open and conduct the election. 28. In townships in which for general elections there are more than two polling places, the trustees shall give notice that polls will be 12 opened for such elections in at least two places; in which case at least one of the trustees shall be assigned to each place, so far as practicable, and additional judges shall be chosen by the qualified voters present: Provided, however, that there shall be at least one polling place for each 800 voters in the township. 29. The judges shall return the ballots and original poll books, with a certificate thereon showing the result of election in such precinct, to the treasurer of the township in which the election shall be held, where- upon it shall be the duty of the trustees of schools, within five days after the election, to meet and canvass the returns from each precinct, to make out a certificate showing the number of votes cast for each person in each precinct and in the whole township, and to file the certificate with the county superintendent of schools. 30. Upon the election of trustees of schools, the judges of the election shall, within ten days thereafter, cause a copy of the poll book of the election to be delivered to the county superintendent of schools, with a certificate thereon showing the election of trustees and the names of the persons elected ; which copy, with the certificate, shall be filed by the county superintendent and shall be evidence of such election. 31. At the first election of trustees in a newly organized township, the trustees shall, at their first meeting, cast lots for their respective terms of office for one, two and three years; and thereafter one trustee shall be elected annually, at the usual time for electing a trustee of schools, to fill the vacancy occurring. In case of a tie vote, the election shall be determined by lot, on the day of the election, by the judges. 32. At the first regular election of trustees after the passage of this Act, a successor to the trustee whose term of office then expires shall be elected, and thereafter one trustee shall be elected annually. Such trustees shall continue in office three years. 33. Within ten days after the annual election, the trustees of schools shall organize by appointing one of their number president, who shall hold his office for one year. It shall be the duty of the president to preside at all meetings of the board and to sign the proceedings thereof when recorded. If the president be absent from any meeting, 'or refuse to perform any of the duties of his office, a president pro tempore may be appointed. The president may be removed by the trustees of schools for good and sufficient cause. 34. It shall be the duty of the trustees of schools to hold regular semi-annual meetings on the first Mondays of April and October. Special meetings may be called at any time by the president or by two members. Two members shall constitute a quorum for the transaction of business. 35. At the regular semi-annual meetings on the first Mondays of April and October, the trustees shall ascertain the amount of funds subject to distribution, and shall appropriate and distribute the same as required by this section, and not otherwise. All valid claims shall be paid before distribution, in manner following: First, the compensation of the treasurer; second, the cost of publishing the annual statement; 13 third, the cost of a record book, if any; fourth, the cost of dividing school lands and making plats. The balance shall be apportioned and distributed to the districts and parts of districts in the township in which schools have been kept as required by law during the preceding year ending June 30th, according to the number of persons returned under 21 years of age. The funds so distributed shall be credited to the respective districts and parts of districts. 36. The trustees of schools of each- township in this State shall prepare, or cause to be prepared, by the township treasurer, the directors of the several districts, or other person, and forward to the county super- intendent of the county in which the township lies, on or before the 15th day of July, annually, and at such other times as may be required by the county superintendent of schools, or by the Superintendent of Public Instruction, a statement exhibiting the condition of the schools in their respective townships for the preceding year, commencing on July 1st and ending June 30th, which statement shall be in the form and shall contain the information required by the Superintendent of Public Instruction. Any township from which such report is not received in the manner and time required by law, shall forfeit its portion of the distributive fund for the next ensuing year. 37. In case a township is divided by a county line or lines, the trustees of schools of such township shall make, or cause to be made, separate enumerations of all statistics and other information required by the Superintendent of Public Instruction, and report the same sepa- rately to the several county superintendents; and all parts of such statistical information which cannot practicably be reported separately shall be reported to the county superintendent of the county in which the sixteenth section of such township is situated. 38. At each semi-annual meeting, and at such other meetings as they may think proper, the trustees of schools shall examine all books, notes, mortgages, securities, papers, moneys and effects of the corpora- tion, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order for their security, preservation, collection, correction of errors, if any, and for their proper dispositions, as may be necessary. 39. The trustees of schools may receive any gift, grant, donation or devise made for the use of any school or library, or for any other school purpose, within their jurisdiction. They shall be and are hereby invested in their corporate capacity with the title of all school buildings and school sites. All conveyances of real estate made to the trustees of schools shall be made to them in their corporate name, and to their successors in office. 40. When a school site or building has become unnecessary or unsuitable or inconvenient for a school, the trustees of schools, on petition of a majority of the voters of the district, shall sell and convey the same, after giving at least twenty days' notice of such sale, by posting written or printed notices thereof describing the property and the terms ot sale, which may be in the following form, to wit : 14 NOTICE OF SALE. Notice is hereby given that on the day of , 1 . . . , the trustees of schools of township No , Range No , will sell at public sale, on the premises hereinafter described, between 10:00 o'clock, a. m., and 3:00 o'clock, p. m., the school house situated on the school house site known as (here describe the site by its number, commonly known name, or other definite description) and located in the (here describe its place in the section), which sale will be made on the following terms, to-wit: (Here insert as "one-third of the purchase money cash in hand, and the balance in two equal payments, due in one and two years from day of sale, with interest at the rate of . per cent per annum from date.") A B [ Seal] C D [Seal] E F [Seal] Trustees. The -deed of conveyance shall be executed by the president and clerk, and the proceeds paid to the township treasurer for the benefit of the district. 41. The trustees of schools shall cause all moneys for the use of the township and the districts to be paid to the township treasurer. 42. The trustees of schools shall have power to purchase real estate in satisfaction of any judgment or decree in any action wherein the trustees or the county superintendent of schools are parties, if, in their opinion, the interests of the township fund will be promoted thereby. 43. The trustees of schools shall have power to make all settle- ments with persons indebted to them in their official capacity ; to receive deeds to real estate in compromise; and to cancel notes, bonds, mort- gages, judgments and decrees for the benefit of the township; and their action in the premises shall be valid and binding. 44. The trustees of schools shall have power to lease or sell any lands that may come into their possession in the manner described in either of the two preceding sections. The sale shall be made in the manner provided for the sale of the sixteenth section. 45. The trustees of schools in newly organized townships shall divide the township into school districts, to suit the wishes or conve- nience of a majority of the inhabitants of the township, and shall prepare, or cause to be prepared, a map of the township, on which the district or districts shall be designated by their respective numbers. 46. When such division into districts has been made, the trustees of schools may, in their discretion, at the regular meeting in April, change the boundaries of districts situated wholly within the township, so as: First To divide a district into two or more districts, when petitioned by a majority of the legal voters of the district. Second To consolidate two or more districts into one district, when petitioned by a majority of the legal voters of each district. Third To detach territory from one district and add the same to an adjacent district, when petitioned by a majority of the legal voters of each district; or, when petitioned by two-thirds of the legal voters residing within the territory described in the petition, asking that such territory be detached from one district and added to an adjacent district. 15 Fourth To create a new district from territory belonging to two or more districts, when petitioned by a majority of the legal voters of each district; or, when petitioned by two-thirds of the legal voters residing within the territory described in the petition, containing not fewer than ten families, asking that such territory be created into a new district. Fifth To create a new district by dividing the territory of an exist- ing district, when petitioned by two-thirds of the legal voters residing within the territory described in the petition, containing not fewer than ten families, asking that such territory be created into a new district. 47. Changes in the boundaries of districts which lie in separate townships, and of districts formed of parts of two or more townships, may be made at the regular meeting of trustees in April, by the con- current action of the several boards of trustees in which the district or districts lie, each board being petitioned, as provided in the preceding section of this Act. 48. In school districts, whether operating under this Act or under a special charter, the request for a change of boundary may be submitted to the trustees by vote of the people, instead of by petition. The school directors, when petitioned so to do by twenty-five legal voters of the district, shall submit the question of the change desired to the voters of the district, at a special election called for that purpose, and held at least thirty days prior to the regular April meeting of trustees. If a majority of the votes cast at such election shall be in favor of the change proposed, then, due return of the election having been made to the township treasurer, the trustees of schools shall consider and take action the same as if petitioned therefor by a majority of the legal voters of such district. Such question shall not be so submitted more than once in any year. 49. A majority of the legal voters of a district lying in two or more townships may secure the dissolution of the district by petitioning the trustees of schools of the several townships, at their regular meeting in April, to add the territory belonging to the district in their township to one or more adjacent districts. Upon receipt of such petition, or the returns of the election, in districts containing one thousand or more inhabitants, the trustees of "schools of the several townships shall make such disposition of the territory of the district that lies in their township, and they shall jointly make such division of the property of the district between or among the districts to which its territory is attached, as provided in the case of the organization of a new district from a part of another district. 50. If any school district shall, for two consecutive years, fail to maintain a public school as required by law, it shall be the duty of the trustees of schools of the township, or townships, in which such district lies, to attach the territory of such district to one or more adjoining districts; and, in case the territory is added to two or more districts, to divide the property of the district among the districts to which its terri- tory is added, in the manner provided for the division of property in case of the organization of a new district from a part of another district. 1C .51. Any city, township or district in which schools are now man- aged under any special Act, may, by vote of its electors, cease to control its schools under such special Act, and becomes part of the school township, or townships, in which it is situated. Upon petition of fifty voters of such city, township or district, presented to the board having the control and management of the public schools, it shall be the duty of such board to cause to be submitted to the voters at the next ensuing election to be held in such city, township or district, the question of "organizing under the general school law." Notice shall be given by posting notices in the five most public places in such city, township or district, at least fifteen days before the date of holding such election, which notices shall be in the following form, to wit: NOTICE OF ELECTION. Notice is hereby given, that on the day of , 1 . . . , an election will be held at , for the purpose of deciding the question of organizing under the general school law. The polls will be opened at o'clock, ...m., and closed at o'clock, ...m. (Signed) If it shall appear, upon a canvass of the returns, that a majority of the votes cast at such election are in favor of organizing under the general school law, then the board having the control and management of schools in such city, township or district shall give notice of an election to be held on any Saturday thereafter, according to the provisions of this Act, for the purpose of electing a board of directors or board of education, as the case may require; but all subsequent elections shall be held on the third Saturday of April annually. 62. No petition shall be acted upon by the trustees .of schools unless such petition shall have been filed with the clerk at least twenty days before the regular meeting in April, nor unless a copy of the petition, with a notice in writing, signed by one or more of the peti- tioners, shall be delivered by the petitioners, or one of them, at least ten days before the day on which the petition is to be considered, to the president or clerk of the school directors of each district whose boundaries will be changed if the petition is granted. Such notice may be in the following form, to wit : NOTICE OF PETITION. The directors in district No , in county, will take notice that the undersigned and others have made and filed with the trustees of schools their petition, a copy of which is herewith handed to you. (Signed) 53. When a petition shall come before the trustees of schools asking for a change in the boundaries of districts, it shall be the duty of the trustees to ascertain whether the foregoing provisions have been strictly complied with. If it shall appear that they, or either of them, have not been complied with, the board shall adjourn, for not longer than four weeks, in order that the foregoing provisions may be complied with. There shall be but one adjournment for such purpose. 54. If it shall appear on the day of the regular meeting, or, in case of adjournment, at the adjourned meeting, that such provisions have 17 been complied with, the trustees shall consider the petition, hear any legal voters of the district or districts affected by the proposed change who may appear to oppose the petition, and shall grant or refuse the prayer of the petitioners without unreasonable delay. After the trus- tees of schools have considered the petition, no objection shall be raised as to its form, and their action shall be prima facie evidence that all requirements have been complied with. -55. The petitioners, or the legal voters who appear to oppose the change of boundaries, shall have the right of appeal to the county super- intendent of schools. The appellant shall file with the clerk of the trustees a written notice of appeal within ten days after final action by the trustees, which notice may be in the following form, to wit: NOTICE OF APPEAL. To the trustees of schools of township No , Range No ., of county, Illinois : You are hereby notified that the undersigned will appeal from your de- cision made on the day of , 1 . . . , granting (or refusing) .the prayer of the petition in regard to (here give substance of the petition concerned) to the county superintendent of schools of county, Illinois, as provided by law. ( Signed) 56. When an appeal is so taken the clerk shall transmit, within five days after the notice of appeal has been filed, all papers in the case, with a transcript of the records of the trustees showing their action thereon, to the county superintendent of schools. The clerk shall take no further action in the matter, except upon the order of the county superintendent, who shall investigate the case, make such change or changes, or refuse to make them, reversing, if need be, the action of the trustees, and give the clerk immediate notice of his decision; and his action shall be final and binding. If the changes askod by the petitioners be made by the county superintendent, he shall notify, in writing, the clerk by whom the papers in the case were transmitted to him, of his action, and the clerk shall thereupon make a record of the same, and shall, within ten days thereafter, make a copy of the same, and a map of the township showing the districts, and an accurate list of the tax- payers of the newly arranged districts, and deliver them to the county clerk for filing and record by him, the same as if the changes had been ordered by the trustees. 57. In all cases in which the district affected by a proposed change of boundaries is divided by a county line or lines, the appeal may be taken to the county superintendent of schools of any one of the counties in which the district is partly located; and upon appeal being taken in any such case, the county superintendent of schools to whom such appeal is taken shall forthwith give notice to the county superintendent or superintendents of schools of the other county or counties of the pendency of such appeal, and of the time and place when and where it shall be heard ; and the county superintendents of schools of the counties in which the district is located shall meet at such time and place, and 2 SL 18 together hear and determine the appeal. In case the county superin- tendents shall be unable to arrive at an agreement, the county judge of the county in which such appeal is pending shall become a member of the board of appeal, by which the appeal shall thereupon be heard and determined. The county superintendent of schools to whom such appeal is taken shall at once notify, in writing, the clerk by whom the papers in the case were transmitted to him, of the action taken on such appeal, as hereinafter provided. 58. When a change in boundaries is made by the trustees of schools, and no appeal is taken, the clerk shall make and file with the county clerk for record, within twenty days of the action of the trustees, a copy of the record of such action, certified by the president and the clerk, together with a map of the township showing the districts, and a list of the taxpayers of the newly organized districts. 59. In case any territory shall be set off from .a district that has a bonded debt, the change not being petitioned for by a majority of the legal voters of the district, such original district shall remain liable for the payment of such bonded debt, as if not divided. The directors of the original district, and the directors of the district into which the territory- taken from such original district has been incorporated, shall consti- tute a joint board for the purpose of determining and certifying, and they shall determine and certify, to the county clerk the amount of tax required yearly for the purpose of paying the interest and principal of such bonded debt, which tax shall be extended by the county clerk against all property embraced within the original district as if it had not been divided. 60. When the trustees of schools shall organize a new district, it shall be the duty of the clerk of the trustees of schools, if no appeal is taken, to order within fifteen days after the action of the trustees, an election, to be held at a convenient time and place within the boundaries of such newly organized district, for three school directors, notice being given by the township treasurer, who shall post notices of such election in at least three prominent places in the district, at 3ec.-st ten days prior to the time appointed for holding such election, which notices shall specify the place where such election is to be held, the time for opening and closing the polls, and the object of the election, and may be in the following form, to wit : NOTICE OF ELECTION. Notice is hereby given that on the day of , 1 . . . , an election will be held at for the purpose of electing three school directors for the new district known as district No in county, Illinois. The polls will be opened at o'clock m., and closed at o'clock, m. By order of the trustees of schools. ( Signed) Township Treasurer. 61. At the time appointed for opening the polls for such election, the qualified voters present, five of whom shall constitute a quorum, shall appoint two of their number to act as judges and one as clerk. The election, in all other respects, shall be conducted as other elections of school directors. 19 62. Within ten days after the election the directors shall meet at a convenient time and place previously agreed upon by them, and organize by appointing one of their number president and another of their number clerk. At this meeting of the directors they shall cast lots for their terms of office for one, two and three years, respectively. 63. In case a new district is organized by the action of the county superintendent, the clerk of the trustees of schools shall, within five days after he has received notice of the action of the" county superintendent on the appeal, order an election of directors in the new district the same as if the change had been made by the trustees, and such election shall be held in the same manner as the election provided for when the trustees have formed a new district. 64. When a new district has been formed by the trustees, or by the county superintendent or county superintendents, from a part of a dis- trict or parts of two or more districts, the trustees of the township or townships concerned shall make forthwith a distribution of tax funds, or other funds in the hands of the treasurer, or to which the district may, at the time of such division, be entitled, so that the old and new districts shall receive parts of such funds in proportion to the amount of taxes collected next preceding such division from the taxable property in the territory composing the several districts. If the new districts be composed of parts of two or more districts, the trustees shall make distribution of such funds between the new district and the old districts respectively, so that the new district shall receive a distribution of the funds of each of the old districts in the proportion which the amount of taxes collected from the property in the territory of the new district bears to the whole taxes collected next before the division in the old district; and the township treasurer shall forthwith place the sum so distributed to the credit of the respective districts, and shall immediately place the proportion of the funds to which the new district may be entitled to its credit on his books, and the funds on hand shall be subject at once to the order of the directors of the new district, and those not on hand, as soon as collected. 65. When a new district is created, or within thirty days there- after, the trustees of the township or townships concerned shall appoint three appraisers, who shall not be residents of the township or townships interested. It shall be the duty of such appraisers, within thirty days after their appointment, to appraise the school property, real and per- sonal, of the district or districts interested, at their fair cash value. Within thirty days after such appraisement, the trustees of the township or townships concerned shall charge the property to the district in which it may be found, and credit the other districts interested with its pro- portion of. such valuation: Provided, however, that the bona fide debts of the old district shall first be deducted and the balance charged and credited as aforesaid ; and the trustees shall direct the treasurer to place to the credit of the district not retaining such property, its proportion of the value thereof, and of the funds then on hand, or subsequently to accrue, belonging to the district to which such property is charged. 20 66. The trustees of schools, elected as provided by this Act, shall "be the successors to the trustees of schools elected in townships under the provisions of "An Act to establish and maintain a system of free schools/' approved May 21, 1889. All rights of property, and rights and causes of action existing or vested in the trustees of schools elected, as aforesaid, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools elected under this Act, as successors, in as complete a manner as was vested in the trustees of schools elected as aforesaid. TOWNSHIP TREASURER. - 67. Within ten days after the annual election of trustees of schools in 1910, and biennially thereafter, the trustees of schools shall elect a treasurer who shall be ex officio 1 clerk of the board, and shall hold his office for two years. The treasurer shall be a resident of the township, but not a trustee or director. It shall be his duty to attend all meetings and keep a record of the official proceedings of the trustees of schools. Such record shall be open to the inspection of any person interested. All proceedings, when recorded, shall be signed by the president and the clerk. If the clerk shall be absent, or refuse to perform any of the duties of his office, a clerk pro tempore may be appointed. For good and suffi- cient cause "the treasurer may be removed from office by the trustees of schools. In case of a vacancy the trustees of schools shall elect a treasurer for the unexpired term. 68. Before entering upon his duties, the township treasurer shall execute a bond with two or more freeholders, who shall not be trustees as securities, payable to the trustees of schools and conditioned upon the faithful discharge of his duties. The penalty of such bond shall be at least twice the amount of all bonds, notes, mortgages, moneys and effects of which he is to have the custody, and shall be increased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require, and whenever in the judgment of the trustees or county superintendent the security is insufficient. Such bond shall be approved by at least a majority of the trustees, be delivered by one of them to the county superintendent of schools, and shall be in the following form, to wit: STATE OF ILLINOIS, ~| Vss. COUNTY. J Know All Men ~by These Presents: That we, A B, C D and E P, are held and firmly bound, jointly and severally, unto the board of trustees of town- ship , Range , in said county, in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of , 1 The condition of this obligation is such that if A B, treasurer of township , Range , in the county aforesaid, shall faithfully discharge the duties of his office, accord- ing to law, and shall deliver to his successor in office, after such successor shall have qualified by giving bond as provided by law, all moneys, books, papers, securities and property which shall come into his hands or con- 21 trol, as such township treasurer, from the date of his bond up to the time that his successor shall have qualified as township treasurer, by giving such bond as shall be required by law, then this obligation to be void; other- wise to remain in full force and virtue. A B [Seal] C D [SealJ E . . P [ Seal] Approved and accepted by: G :.. H I J K L Trustees, 69. The township treasurer shall receive in full, for his services, a compensation to be fixed, prior to his election, by the trustees of schools. 70. The township treasurer shall be provided by the trustees of schools with a cash book, a loan book, a district account book and a journal. In the cash book he shall enter in separate accounts all moneys received and moneys paid out, with the amount, date, from whom, to whom, and on what account received or paid out ; or, if loaned, the date, to whom, and the amount. Moneys received shall be charged to debit account, and moneys paid out shall be credited as follows : First, to the principal of the township fund; second, to the interest of the township fund ; third, to the common school fund and other funds ; fourth, to the taxes received from the county or town collector, and for what districts received; fifth, donations; sixth, moneys coming from all other sources; in all cases entering the date when received, and when paid out. In the loan book he shall enter a record of all school funds loaned., with the amount, to whom, date, time, when due, and the rate of interest, the interest paid, and a description of the securities. In the district account book he shall post from the cash book all receipts and expenditures on account of any district, with the amount, date, from or to whom, and from what sources and for what purposes. In the journal he shall record at length the acts and proceedings of the trustees of ri^hools, their orders, by-laws and resolutions. The township treasurer shall arrange and keep his accounts in such manner as may be directed by the Superintendent of Public Instruction, the county superintendent of schools or the trustees of schools; and they shall be subject at all times to the inspection of the trustees, the directors or other persons authorized by this Act, or of any committee appointed by the voters of the township at the annual election of trustees to examine the same. 71. The township treasurer, shall be the only lawful depositary and custodian of all township and district school funds, and shall demand, receipt for and safely keep, according to law, all bonds, mortgages, notes, moneys, effects, books and papers of ever} 7 description belonging to his township. 72. The township treasurer shall keep the principal of the township fund loaned at interest. The rate of interest, which shall not be less than 4 per cent, nor more than 7 per cent, per annum, payable annu- ally, shall be determined by a majority of the trustees of schools at any regular or special meeting. No loan shall be made for less than 22 one year nor more than five years. All loans shall be secured by mortgage on unincumbered realty situated in this State, worth at least 50 per cent more than the amount loaned, with d condition that in case additional security shall be required at any time it shall be given, to the satisfaction of the trustees of schools. In estimating the value of realty mortgaged to secure the payment of money loaned^ the value of improvements liable to be destroyed may be included; but in such case the improvements shall be insured for their insurable value in a responsible insurance company or companies, and the policy or policies shall be transferred to the trustees of schools as additional security, and shall be kept so insured until the loan is paid. Nothing herein shall prevent the township treasurer from investing the principal of the township fund in bonds issued by the State, the Sanitary District of Chicago, counties, townships and cities in this State, and bonds issued by school directors pursuant to section 195 of this Act. When school funds are held by the treasurer of a district created by any special Act, such funds shall be invested according to the provisions of this section. 73. Mortgages to secure the payment of money loaned under the provisions -of this Act may be in the following form, to wit: I, A B, of the county of , State of. . . . . , do hereby grant, convey and transfer to the trustees of schools of township No . . . . , range No. . . ., in the county of. ... . .. . ... .., and State of Illinois, for the use of the inhabitants of said township, the following described real estate, to wit: (Here insert premises), which real estate I declare to be in mortgage for the payment of . .,. . .1. . . . ... .dollars loaned to me and for the payment of all interest that may accrue thereon, to be computed at the rate of. , ( . ... .4. .per cent per annum until paid. And I do hereby covenant to pay the above sum of money in years from the date hereof, and to pay the interest on the same annually, at the rate aforesaid. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance, and that I will pay all taxes and assessments which may be levied on said estate, and that I will give any additional security that may at any time be required in writing by the board of trustees; and if said estate be sold to pay said debt or any part thereof, or for any failure or refusal to comply with or perform the conditions or covenants herein contained, I will deliver immediate possession of the premises. And it is further agreed by and between the parties, in case a bill is filed in any court to foreclose this mortgage for nonpayment of either principal or interest, that the mortgagor will pay a reasonable solicitor's fee, and the same shall be included in the decree and be taxed as costs ; and we, A B, and C, wife of A B, hereby release all right to the said premises which we may have by virtue of any homestead laws of this State, and in con- sideration of the premises, C, wife of A B, doth hereby release to said board all her right and title of dower in the aforegranted premises for the purpose aforesaid. In testimony whereof, we have hereunto set our hands and seals this ..... .day of. ., 1. .'. . A...... .B .(Seal.) C D (Seal.) 23 Which mortgage shall be acknowledged and recorded as is required by law for other conveyances of real estate; the mortgagor paying the expenses of acknowledgment and recording. 74. If default be made in the interest due upon money loaned by any township treasurer, or in the payment of the principal, interest at the rate of 12 per cent per annum shall be charged upon the principal and interest from the day of default, which interest shall be included in the assessment of damages, or in the judgment in the suit or action brought upon the obligation to enforce payment thereof, and interest at the rate of 12 per cent per annum may be recovered in an action brought to recover interest only. The township treasurer is hereby empowered to bring appropriate actions in the name of the trustees if or the recovery of the interest, when due and unpaid, without suing for the principal, in whatever form secured. 75. In all cases in which the trustees of schools shall require addi- tional 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 principal and accrued interest to the date of judgment. Proof shall be made of such requisition. 76. Bonds, mortgages, notes and other securities taken for money or other property due, or to become due, to the trustees of schools for the township, shall be made payable to them in their corporate name; and in such name, suits, actions and complaints, and every description of legal proceedings may be had for the recovery ?f money, 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 such corporation. 77. On or before the 30th day of June, annually, the township treasurer shall deliver to the county superintendent of schools a state- ment, verified by his affidavit, showing the exact condition of the township funds. Such statement shall contain a description of all bonds, mort- gages, notes and other securities held as principal of the township fund, giving names, dates, amounts, rates of interest, when due, and other data necessary to a full understanding of the condition of the funds. 78. On the first Mondays in April and October of each year the township treasurer shall submit to the trustees of schools a statement showing the amounts of interest, rents, issues and profits on township lands and funds, that have accrued since their last regular meeting, and also the amount of distributive funds on hand. He shall submit also to the trustees for their examination all books, mortgages, bonds, notes and other evidences of indebtedness held by him as treasurer of the township, and shall make such other statements touching the duties of his office as the trustees may require. 79. The township treasurer shall present to the trustees of schools, at their meeting following the annual election, a complete exhibit of the fiscal affairs of the township, and of the several districts or parts of districts in the township, showing the receipts of money, the sources 24 from which they have been derived, the deficit and delinquencies, if there be any, and the cause of them, and also a classified statement of moneys paid out, and the amount of obligations remaining unpaid, 80. The township treasurer shall, within two days after the first Monday of April, and on July 15, annually, prepare for each district or part of district in the township a statement or exhibit of the exact condition of the account of such district or part of district, as shown by his books on April 1 and June 30 of each year. Such statement or exhibit shall show the balance on hand at the time of making the last exhibit, the amount since received, when and from what sources; and also the- amount paid out during that time, to whom paid, and for what purpose, and the statement shall be balanced, and the balance shown. It shall be the duty of the treasurer to comply with any lawful demand the trustees may make as to the verification of any balance reported by the treasurer to be on hand. The exhibit shall be subscribed and sworn to by the treasurer before any officer authorized to administer an oath, and shall be without delay, delivered or transmitted by mail to the clerk of the proper district. 81. The township treasurer shall pay out no funds of any school district except upon an order of the board of directors, signed by the president and clerk, or by a majority of the board. When an order issued for the wages of a teacher is presented to the treasurer and is not paid for want of funds, the treasurer shall endorse it over his signature, '"not paid for want of funds," with the date of presentation, and shall "make and keep a record of such endorsement. Such order shall there- after draw interest at the legal rate until paid, or until the treasurer shall notify the clerk, in writing, that he has funds to pay such order, and the treasurer shall make and keep a record of such notes, and hold the funds necessary to pay such order until it is presented. Such order shall draw no interest after notice is given to the clerk. 82. It shall also be the duty of the township treasurer : First To return to the county clerk, on or before the second Monday of August in each year, the certificate of tax levy made by each board of school directors in his township. Second To pay all lawful orders issued by the directors of any district in his township. Third To collect from the township and county collectors the full amount of taxes levied by the directors in his township. Fourth To examine the official records of each district in the town- ship on the first Mondays in April and October of each year. Fifth To keep a record account between districts when pupils are transferred from one district to another. Sixth -To give notice of the election of trustees, and in case of the formation of a new school district, of the election of school directors. Seventh To give notice of any regular or special district election when the directors fail or refuse to do so. Eighth To publish in some newspaper of his county an annual state- ment of the finances of the township. Ninth To file all poll books and returns of election delivered to him Tinder the provisions of this Act. 83. When a district is composed of parts of two or more town- ships, any treasurer not authorized to receive the taxes of such district shall notify the directors of the amount of funds held by him to the credit of such district, and the directors shall thereupon give the proper treasurer an order for such funds. 84. The township treasurer, at the expiration of his term of office, or upon his removal or resignation, or in case of his death his representatives shall deliver to his successor all moneys, books, mort- gages, notes and securities, and all papers and documents of every de- scription in which the corporation has any lawful interest. TOWNSHIP HIGH SCHOOLS. 85. Upon petition of fifty or more legal voters of any school town- ship, filed with the treasurer at least fifteen days preceding the regular election of trustees, it shall be the duty of the treasurer to give notice of an election to be held at the next regular election of trustees for the purpose of voting "for" or "against" the proposition to establish a town- ship high school. Notices of such election shall be posted in at least ten of the most public places throughout the township, for at least ten days before the day of such regular election, and may be in the follow- ing form : NOTICE OF ELECTION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at for the purpose of voting "for" or "against" the proposition to establish a township high school for the benefit of township number ........ range number The polls will be opened at o'clock, m., and closed at o'clock m. A B Township Treasurer. The ballots of such election shall be canvassed as in other elections, and may have thereon the name of the person or persons whom the voter desires for trustee or trustees of schools. 86. If a majority of the votes cast shall be in favor of establish- ing a township high school, it shall be the duty of the trustees of schools to call a special election on any Saturday within sixty days, for the pur- pose of electing a township high school board of education, to consist of five members, notice of which election shall be given for the same time and in the same manner as provided in the election of trustees of schools. The members elected shall determine by lot, at their first meet- ing, the length of term each is to serve. Two of the members shall serve for one year, two for two years, and one for three years from the second Saturday of April next preceding their election. At the expiration of the term of office of any member or members, a successor or successors shall be elected, each of whom shall serve for three years, which sub- sequent election Fhall be held on the same day and in the same manner as the election of trustees of schools. In case of a vacancv, the board shall call an election without delay, to be held on anv Saturday. Within ten davs after their election the members of th township histfi school 26 board of education shall meet and organize by electing one of their number president, and by electing a secretary. It shall be the duty of such high school board of education to establish, at some central point most convenient to a majority of the pupils of the township, a high school for the education 'of the more advanced pupils. . 87. Two or more adjoining townships, or two or more adjoining school districts, whether in the same or different townships, may, upon petition of at least fifty legal voters in each of the townships or school districts, or if a school district contains fewer than 150 voters, then by at least one-third of the legal voters of such district, and upon an affirmative vote in each of such townships or districts, at an election held pursuant to the provisions of section 85 of this Act, establish and main- tain in the manner provided for township high schools, a high school for the benefit of the inhabitants of the territory described in such petition. 88. The inhabitants of any territory composed of parts of adjoin- ing townships, who are now maintainiig a high school and who have elected a board of education, may create such territory into a high school district by a petition signed by fifty legal voters of such district and an affirmative vote in such district, and may elect a board of education therefor, a,s in other high school districts. When part of a township has been included in a high school district pursuant to any of the pro- visions of this Act, the remainder of such township not included in any high school district, shall constitute a township for high school purposes. 89. Any school district having a population of two thousand (2,000) inhabitants or more may, in the manner herein provided for establishing and maintaining a township high school, establish and maintain a high school for the benefit of the inhabitants of such school district, and elect a board of education therefor with the same powers conferred on township high school boards of education. The territory of such district when so organized for high school purposes shall con- stitute a high school district for high school purposes distinct and sep- arate from the common school district having the same boundaries, and the high school board of education of such high school district shall have the same power to levy taxes and establish and maintain high schools as township high school boards of education organized under this Act possess, and such taxes shall be in addition to the taxes authorized to be levied by section 189 of this Act. All school districts which have heretofore organized under this section, elected a high school board of education, and are maintaining a high school, shall be regarded as high school districts distinct and separate from the common school district having the same boundaries, and the high school board of education of such high school district shall have the same power of taxation as township high school boards of education organized under this Act. A township or part of a township in which there is no township high school may be annexed to an adjacent high school district organized under this section in the same manner as near as may be as is provided in sections 94, 95 and 96 of this Act for the annexation of territory to a township in which a high school has been established. 27 90. When any city in this State having a population of not less than one thousand and not exceeding one hundred thousand inhabitants lies within two or more townships, that township in which a majority of the inhabitants of the city reside shall, with the city, constitute under this Act a school township for high school purposes. 91. For the purpose of building school houses, supporting the school and paying other necessary expenses, the territory for the benefit of which a high school is established under any of the provisions of this Act, shall be regarded as a school district, and the board of education thereof shall, in all respects, have the power and discharge the duties of school directors for such district. 92. When any district desires to discontinue the high school, the treasurer, upon petition of a majority of the legal voters of the district filed at least fifteen days preceding the regular election of trustees of schools with the treasurer of such district, shall give notice of an elec- tion, to be held on the day of the regular election of trustees, for the purpose of voting "for" or "against" the proposition to discontinue the township high school, which notice shall' be given in the same manner and for the same length of time, and in substantially the same form, as the notice provided for in section 85 of this Act. The ballots for such election shall be canvassed in the manner provided for in section 85 of this Act. If a majority of the votes cast at such election shall be in favor of discontinuing the high school, the trustees of schools shall surrender the assets of the high school to the district fund of the town- ship or townships interested in proportion of the assessed valuation of the townships or parts of townships comprising such district. 93. When any township in any county under township organization shall contain two political towns divided by a navigable stream as recog- nized by the United States, each of which shall contain a city of not less than one thousand nor more than one hundred thousand inhabitants, each town shall constitute a township under this Act for high school purposes. 94. A township or part of a township in which there is no township high school may be annexed, in the manner hereinafter provided, to an adjacent township in which a township high school has been established. Upon petition of 5 per cent of the legal voters of the territory to be annexed, and of the township to which annexation is desired, filed with the treasurers of the respective townships at least fifteen days preceding the regular election 'of trustees of schools, the respective treasurers shall give notice to the voters concerned that an election for or against annexing the township, or part of a township, as the case may be, will be held at the next regular election of trustees of schools in each township, by posting notices of such election in at least ten of the most public places in the territory to be annexed, and in the adjacent township at least ten days before the date of such regular election. Such notice may be in the following form, to wit: HIGH SCHOOL ANNEXATION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at for the purpose of voting "for" or "against" the proposition to annex for township high school purposes the 28 following territory, to-wit: (Here insert the number and range of the township when the whole of the township is to be annexed, or when part of a township is to be annexed insert the said part of said township), to township number , range number (Township having an established high school). The polls will be opened at o'clock, m., and closed at o'clock, m. A B : Treasurer. When less than the whole of a township is to be annexed, only the voters in the territory to be annexed shall have the right to vote, and the trustees of schools shall provide a voting place for that territory and the judges and clerks of such election. 95. If petitions request the township treasurers, respectively, to submit said questions at a special election, it shall be the duty of the township treasurers to call the respective elections, as provided in the foregoing sections, for some day and hour not exceeding thirty days from the date of the filing of the petition ; and to give at least ten days' notice of the election, in which event the polls of the election shall be open in at least two polling places and for at least four consecutive hours, and the polling places in the respective townships shall be desig- nated and fixed by the treasurers respectively. If a majority of the votes cast in the township having an established high school,, and a majority of the votes cast in the territory to be annexed, shall be in favor of the proposition, the township or territory, as the case may be, shall be and become so annexed, and the property in such township or territory shall thereafter be subject to taxation for the support and maintenance of the township high school, including the payment of any bonded indebtedness of such township high school, and interest thereon there- after falling due, as fully and to the same extent as is provided by law for the levying of taxes upon property for the support and mainte- nance of township high schools. The taxes collected from such township or territory annexed for the support and maintenance of a township high school shall be paid by the officer collecting the same to the township treasurer of the township having the established high school. 96. Such election shall be held in the manner provided by law for the holding of elections for township trustees of schools, and the ballots of such election shall be canvassed, and the returns thereof made as in other school elections. If a majority of the votes cast shall be in favor of the proposition, it shall be the duty of the township treasurer of the township which is annexed, or part thereof, as the case may be, to file a certificate with the county clerk of the county in which such township is located, or if such township is situated in more than one county, with the respective clerks of such counties, certifying to the territory so annexed and giving a description thereof. 97. Upon the petition of not less than fifty roters of any high school district, filed with the township treasurer at least fifteen days preceding the regular election of members of the board of education for such high school district, it shall be the duty of the treasurer to notify the voters of such district that an election "for" or "against" the establishment of a manual training department for such high school will 52S) be held at the next annual election of the board of education by posting notices of such election in at least ten of the most public places through- out the township for at least ten days before the day of such regular election, which notice may be in the following form, to wit : HIGH SCHOOL ELECTION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at , for the purpose of voting "for'' or "against" the proposition to establish a manual training department for the high school in township No , range The polls will be opened at o'clock, . . . .m., and closed at o'clock, . . . .m. Township Treasurer. The ballots for such election shall be canvassed as in other elections, and may have on them the names of the persons voted for at such elec- tion. If a majority of the votes cast shall be in favor of establishing a manual training department for the high school in such district, it shall be the duty of the board of education to establish and maintain therein such department as a part of the high school. COUNTY NORMAL SCHOOLS. 98. In each county adopting township organization, the board of supervisors, and in other counties the county court, may establish a county normal school for the purpose of fitting teachers for the common schools. They shall be authorized to levy taxes and appropriate moneys for the support of said schools, and also for the purchase of necessary grounds and buildings, furniture, apparatus, etc., and to hold and acquire, by gift or purchase, either from individuals or corporations, any real estate, buildings or other property, for the use of said schools, said taxes to be levied and collected as all other county taxes : Provided, however, that in counties not under township organization, county courts shall not be authorized to proceed under the provisions of this Act until the subject shall have been submitted to a vote of the People, at a general election, and it shall appear that a majority of all the votes cast on the subject, at said election, shall be in favor of the establishment of a county normal school. The ballots used in voting on this subject may read : "For a county normal school/' or "against a county normal school/' 99. The management and control of said school shall be in a county board of education, consisting of not less than five nor more than eight persons, of which board the chairman of the board of super- visors, or the judge of the county court, as the case may be, and the county superintendent of schools, shall be ex officio members. The other members shall be chosen by the board of supervisors or county court, and shall hold their offices for a term of three years. But at the first election one-third shall be chosen for one year, one-third for two years, and one-third for three years, and thereafter one-third shall be elected annually. Said elections shall be held at the annual meeting of the board of supervisors in September, or at the September term of the county court, as the case may be. 30 100. Said board of education shall have power to hire teachers, and to make and enforce all needful rules and regulations for the man- agement of said schools. A majority of the board shall constitute a quorum for the transaction of business, and a meeting of the board may be called at any time by the president or secretary, or by any three of the members thereof. Said board shall proceed to organize within twenty days after their appointment,, by electing a president, who shall hold his office for one year. The county superintendent shall be &x officio secretary of the board. Said board shall make to the board of supervisors at their annual meeting in September, or to the county court at the September term, as the case may be, a full report of the condition and expenditures of said county normal school, together with an estimate of the expenses of said school for the ensuing year. 101. Two or more counties may unite in establishing a. normal school, in which case the per cent of tax levied for the support of said school shall be the same in each county. 102. In all counties that have already established normal schools, the action of the board of supervisors in so doing, and all appropria- tions made by them for their support, are hereby legalized, and said board of supervisors are hereby authorized and empowered to make further appropriations for. the support of such school already established, until such schools have been established under the previous sections of this Act, SCHOOL DIRECTORS. 103. In all school districts having a population of fewer than one thousand inhabitants, and not governed by any special Act, there shall be elected a board of directors to consist of three members. 104. The directors of each district shall be a body politic and cor- porate, by the name of "school directors of district No county of . . and State of Illinois/ 3 and by that name may sue and be sued in all courts and places where judicial proceedings are had. 105. Any person not a treasurer, or a trustee of schools, who has attained to the age of 21 years, who is a resident of the school district and able to read and write the English language, shall be eligible to the office of school director. 106. The annual election of school directors shall be on the third Saturday of April. At the first regular election of directors after the passage of this Act, a successor to the director whose term of office then expires shall be elected, and thereafter one director shall be elected in each district, annually, who shall hold his office for three years. When vacancies occur by removal from the district or otherwise, the remain- ing director or directors shall, without delay, order an election to fill such vacancies, which election shall be held on Saturday. 107. Notice of all elections in organized districts shall be given by the directors at least ten days previous to the day of election. Such notice shall be posted in at least three of the most public places in the district, shall specify the place where such election is to be held, the time of opening and closing the polls, and the question or questions to be submitted, and may be in the following form, to wit: 31 NOTICE OF ELECTION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at for the purpose of electing school director for district No in county. The polls will be opened at o'clock, m., and closed at o'clock, m. Dated this day of , 1 A B President, C D Clerk. Should the directors fail or refuse to order any regular or special election, it shall be the duty of the township treasurer, or if the town- ship treasurer fails to do so, of the county superintendent, to order such election within ten days. 108. Two of the directors ordering an election shall act as judges, and one as clerk. If the directors, or any of them, shall fail to attend an election, or shall refuse to act when present, and in elections to fill vacancies, the legal voters assembled shall choose such additional mem- bers as may be necessary to act as judges and clerk of the election. If the directors or judges- shall be of the opinion that on account of the small attendance of voters the public good requires it, or if a majority of the voters present desire it, they shall postpone the election until the next Saturday, at the same time and place. If notice shall not have been given as required, the election shall be held on any Saturday, notice being given as required by law. In case of a tie, the judges shall decide the vote by lot on the day of election. 109. Within ten days after the election, the judges shall cause the poll book to be delivered to the township treasurer, with a certificate showing the election of directors and the names of the persons elected; which poll book shall be filed by the treasurer, and shall be evidence of the election. In a district divided by a township line the poll books shall be returned to the treasurer who receives the taxes of the district. 110. Within ten days after the annual election, the directors shall meet and organize by appointing one of their number president, and another of their number clerk. The clerk shall at once report to the proper treasurer or treasurers the names of the president and clerk so appointed. 111. The directors shall hold regular meetings at such times as they may designate, and special meetings at the call of the president or any two members. No official business shall be transacted by the direc- tors except at a regular or a special meeting. Two directors shall con- stitute a quorum for the transaction of business. If the president or clerk be absent from any meeting, or refuse to perform his official duties, a president or a clerk pro tempore shall be appointed. 112. The clerk shall keep in a punctual, orderly and reliable manner, a record of the official acts of the board which shall be signed by the president and the clerk, and submitted to the township treasurer for his inspection and approval on the first Mondays of April and October, and at such other times as the treasurer may require. On all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the proceedings of the board. 32 113. On or before the seventh day of July, annually, the clerk shall report to the treasurer having the custody of the funds of his dis- trict, such statistics and other information in relation to the schools of his district as the treasurer is required to include in his report to the county superintendent of schools. 114. The board of directors shall have the following additional duties : First To make, at the annual election of directors, to the voters there present, a detailed report of receipts and expenditures, and trans- mit a copy of the same within five days to the township treasurer. Second To report to the county superintendent within ten days the names of all. teachers employed, with the dates of the beginning and end of their contracts. Third To provide for the revenue necessary to maintain schools in their district. Fourth To determine, in case of a district composed of parts of two or more townships, which treasurer is to receive the taxes of the district, and to notify the collectors in writing accordingly. Fifth To adopt and enforce all necessary rules and regulations for the management and government of the public schools of their district. Sixth To visit and inspect the public schools as the good of the schools may require. Seventh To appoint all teachers and fix the amount of their sal- aries. Eighth To direct what branches of study shall be taught, what text books and apparatus shall be used, and to enforce uniformity of text books in the public schools ; but they shall not permit books to 'be changed oftener than once in four years. Ninth To establish and keep in operation for at least six months in each year, and longer if practicable, a sufficient number of free schools for the accommodation of all persons in the district over the age of six and under twenty-one years, and to secure for all such persons the right and opportunity to an equal education in such schools. Tenth To purchase, at the expense of the district, a sufficient num- ber of text books used to supply children whose parents are unable to buy them. Such text books shall be loaned only, and the directors shall require the teacher to see that they are properly cared for and returned at the end of each term of school. Eleventh To deliver to the township treasurer on or before the seventh day of July, annually, all teachers' schedules made and certified as required by law. Twelfth To pay no public money to any teacher unless such teacher at the time of his or her employment shall have held a certificate of qualification obtained under the provisions of this Act, and shallhave kept and furnished schedules as required by this Act, and shall have satisfactorily accounted for books, apparatus and other property of the district that he may have taken in charge. 33 Thirteenth To cause a copy of the township treasurer's report of the financial condition of the district to be entered upon the records of the district, and to post the same at the front door of the building where the annual election of directors is held. 115. The board of school directors shall be clothed with the fol- lowing powers : First To purchase a suitable book for their records. Second To allow the clerk a reasonable compensation for his ser- vices, payable out of money not otherwise appropriated. Third To dismiss a teacher for incompetency, cruelty, negligence, immorality or other sufficient cause. Fourth To assign pupils to the several schools in the district; to admit non-resident pupils when it can be done without prejudice to the rights of resident pupils; to fix rates of tuition, and to collect and pay the same to the township treasurer for the use of the district. Fifth To suspend or expel pupils guilty of gross disobedience or mis-conduct, and no action shall lie against them for such expulsion or suspension. Sixth To provide that children under twelve years of age shall not be kept in school more than four hours daily. Seventh To appropriate school funds for the purchase of libraries and apparatus, after provision has been made for the payment of all necessary school expenses. Eighth To sell at public or private sale any personal property be- longing to the school district, and not needed for school purposes. Ninth To grant special holidays whenever in their judgment such action is advisable, but no deduction shall be made from the time or compensation of a teacher on account of such days. Tenth To have the control and supervision of all public school houses in their district, and to grant the temporary use of them, when not occu- pied by schools, for religious meetings and Sunday schools, for evening schools and literary societies, and for such other meetings as the direc- tors may deem proper. Eleventh To decide when a site or building has become unnecessary, unsuitable, or inconvenient for a school. Twelfth To borrow money, and issue bonds for the purposes and in the manner provided by this Act. Thirteenth To furnish each school with a flag and staff, as provided by law. Fourteenth To establish classes having an average attendance of not fewer than fifteen pupils for the instruction of crippled children over the age of six and under twenty- one years. Fifteenth To establish classes for the instruction of deaf children over the age of three and under twenty-one years : Provided, however, that no person shall be, employed to teach the deaf who shall not have received instruction in the methods of teaching the deaf for a term of not less than one year. 3 S T, 34 Sixteenth To establish kindergartens for the instruction of children between the age of four and six years,, when authorized by a majority of the votes cast at an election held for that purpose under the pro- visions of section 198 of this Act: Provided, however, that the tuition or other expenses of such kindergartens shall be defrayed from the local tax and from the special school revenue of the district : And, pro- vided, -further, that no one shall be employed to teach in a kindergarten who does not hold a certificate issued as provided by law certifying that the holder has been examined upon kindergarten principles and is com- petent to teach the same. 116. Every order issued by the school director shall state for what purposes or on what account it is issued, and shall be in the fol- lowing form, to wit: $ STATE OF ILLINOIS, , 1 ... THE TREASURER OF TOWNSHIP. No Range No , in County, Pay to the order of the sum of Dollars, 100 for By order of the Board of Directors of District No. in said County. President, Order No. Clerk. An order paid in full and properly endorsed shall be a sufficient re- ceipt for the purposes of this Act. The school directors shall issue no order, except for teachers' wages, unless at the time there are sufficient funds in the hands of the treasurer to pay it. 117. When there is no money in the treasury to defray the or- dinary and necessary expenses of the district, the directors may issue warrants against and in anticipation of any taxes levied for the payment of the ordinary and necessary expenses of the district, to the extent of 75 per cent of the total amount of the tax levied. Such warrants shall show upon their face that they are payable solely from the taxes when collected, and shall be received by any collector of taxes in payment of the taxes against which they are issued. And such taxes shall be set apart and held for their payment. 118. The directors shall pay the wages of teachers monthly. f Up- on the receipt of a schedule properly certified the directors shall forth- with issue and deliver to the teacher an order on the township treasurer for the amount named in the schedule. Such order shall state the rate and time for which the teacher is paid. It shall not be lawful for the directors to issue an order until ihey have duly certified to the schedule ; nor shall it be lawful for the directors,- after the date for filing schedules as fixed by law, to certify any schedule not delivered to them before that date, when such schedule is for time taught before the first of July pre- ceding, nor to give an order in payment of a teacher's wages for the time covered by such delinquent schedule. 35 119. It shall not be lawful for a board of directors to purchase or locate a school house site, or to purchase, build or move a school house, or to levy a tax to extend schools beyond nine months, without a vote of the people at an election called and conducted as required by section 198 of this Act. A majority of the votes cast shall be necessary to authorize the directors to act. If no locality shall receive a majority of the votes, the directors may select a suitable site. The site selected by either method shall be the school site for such district. 120. In case the compensation for the school house site cannot be agreed upon, it shall be the duty of the directors to have such compensa- tion determined in the manner provided by law for the exercise of the right of eminent domain : Provided, however, that no tract of land out- side the limits of any incorporated city or village, and within forty rods of the dwelling of the owner of the land, shall be taken for a school site without the owners consent. 121. Pupils may be transferred from one district to another upon the written consent of a majority of the directors of each district, which written consent shall be filed with the treasurer and shall be evidence of such consent. The duty of collecting the amount due on account of pupils transferred shall devolve upon the directors of the district in which the school was taught. BOARDS OF EDUCATION. 123. In all school districts having a population of not fewer than one thousand and not more than one hundred thousand inhabitants, and not governed by special Acts, and in such other districts as may hereafter be ascertained by any special or general census to have such population, there shall be elected a board of education to consist of a president, six members and three additional members for every additional ten thousand inhabitants: Provided, however, that in no case shall such board consist of more than fifteen members. When such board of education is the successor of the school directors, all rights of property, and all rights regarding causes of action existing or vested in such direc- tors, shall vest in it as fully and completely as they were vested in the school directors. 124. Incorporated cities and villages, except such as have con- trol of schools by special Acts, shall remain parts of the school townships in which they are situated and be subject to the provisions of this Act. 125. The president of the board of education shall be elected an- nually, at the time the members of the board are elected, and shall hold his office for the term of one year. He shall preside at all meetings, but shall have no vote except in case of a tie. He shall perform such duties as are imposed by law upon presidents of boards of directors, or such as may be imposed upon him by the board of education. 126. The election of boards of education shall be governed by the provisions of this. Act relating to the election of boards of directors : Provided, however, that boards of education shall have power to estab- lish a suitable number of voting precincts, and fix the boundaries there- 36 of for the accommodation of the voters of the district in which such election is held, in each of which voting precincts there shall be one poll- ing place designated by the board. Whenever the board of education shall establish more than one voting precinct for such election they shall appoint two judges and one clerk for each polling place, assigning so far as practicable at least one member of such board to each polling place. When the time for the election of members of boards of educa- tion or boards of inspectors is fixed by virtue of any special Act, such- election may be held at the time provided for the election of school directors. 127. The board of education shall have all the powers of school directors, be subject to the same limitations, and, in addition thereto,, they shall have the power, and it shall be their duty : First To establish and support free schools for not less than six nor more than ten months in each year. Second To repair and improve school houses and furnish them with the necessary fixtures, furniture, apparatus, libraries and fuel. Third To examine teachers by examinations supplemental to any other examinations, and to employ teachers and fix the amount of their salaries. Fourth To establish schools of different grades, to adopt regulations for the admission of pupils into the same, and to assign pupils to the- several schools. Fifth To buy or lease sites for school houses with the necessary grounds : Provided, however, that it shall not be lawful for such board of education to purchase or locate a school house site, or to purchase, build or move a school house, unless authorized by a majority of all the- votes cast at an election called for such purpose in pursuance of a petition signed by not fewer than five hundred legal voters of such district, or by one-fifth of all the legal voters of such district : And, provided., further, that if no locality shall receive a majority of all the votes cast at such election, the board of education may, if, in their judgment, the public interest requires it, proceed to select a suitable school house site : and the site so chosen by them in such case shall be legal and valid the same as if it had been determined by a majority of all the votes cast ; and the site so selected shall be the school house site for such district; and said district shall have the right to take the same for the purpose of a school house site, either with or without the owner's consent, by con- demnation or otherwise: And, provided, further, that all school hou^e sites heretofore located or selected by boards of education in cases in which at an election duly called and held as herein provided, no site received a majority of the votes cast, are hereby legalized and made valid school house sites in and for the district for which they were so located and selected. Sixth To levy a tax to extend schools beyond a period of ten months,, in each year, upon a petition of a majority of the voters of the district. Seventh To employ a competent superintendent \vho may be required to act as principal or teacher in such schools. Eighth To divide the district into sub-districts, to create new and to alter or consolidate them. 3* X < Ninth To dismiss and remove any teacher, whenever in their opinion he is not qualified to teach, or whenever in their opinion the interests of the school may require it. Tenth To apportion the pupils to the several schools. Eleventh To appoint a secretary who shall keep a faithful record of all their proceedings. Twelfth To prepare and publish annually in some newspaper, or in pamphlet form, a report including the school attendance in the year preceding, the program of studies, the number of persons between the ages of 12 and 21 unable to read and write, and a statement of the receipts and expenditures, with the balance on hand. Thirteenth To request the trustees of schools, in writing, to convey any real estate or interest therein used for school purposes, or held in trust for schools. BOARDS OF EDUCATION IN CITIES OF ONE HUNDEED THOUSAND. 128. In cities having a population exceeding 100,000 inhabitants, the board of education shall consist of twenty-one members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years. At the expiration of the term of any members of said board, their successors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by appointment of the mayor, with the approval of the common council, for the unexpired term. 129. Any person having resided in any such <.-ity more than five years next preceding his appointment shall be eligible to membership of such board of education. 130. The board of education shall appoint one of its members president. It shall also appoint a secretary and such other officers and employes as it shall deem necessary, and shall prescribe their duties, compensation and terms of office. 131. The board shall provide books in which shall be kept a faith- ful record of all their proceedings. The yeas and nays shall be taken and entered on the records of the proceedings of the board upon all questions involving the expenditure of money. 132. The board of education shall have charge and control of the public schools in such cities, and shall have power with the concurrence of the city council: First To erect or purchase buildings suitable for school houses, and keep the same in repair. Second To buy or lease sites for school houses with the necessary grounds. If the board of education shall be unable to agree with the owner or owners for the purchase of such site, then, with the concurrence^ of the city council, it may acquire the title to such site in the manner provided by law for the exercise of the right of eminent domain. Such proceedings to condemn shall be in the name of the t.i*y in trust for the laee of schools. 38 Third To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing school sites, iUid to provide for the payment of such bonds; and to borrow money for school purposes upon the credit of the city. 133. The said- board of education shall have power : First To furnish schools with the necessary fixtures, furniture and apparatus. Second To maintain, support and establish schools and supply from taxes the inadequacy of the school funds for the salaries of teachers. Third To hire buildings or rooms for the use of the board or of schools. " Fourth To employ teachers and fix the amount of their compensation. Fifth To prescribe the school books to be used, and the studies in the different schools. Sixth To divide the city into school districts, and to alter- them and create new ones as circumstances may require, and generally to have and possess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances as may be deemed necessary and expedient for such purpose. Seventh To expel any pupil guilty of gross disobedience or mis- conduct. Eighth To dismiss and remove any teacher for cause in the manner provided in section 161 of this Act. Ninth To apportion the pupils to the several schools. Tenth To lease school property and to lend moneys belonging to the school fund. Eleventh To grant the use of assembly halls and class rooms when not otherwise needed, including light, heat and attendants, for public lectures, concerts and other educational and social interests, free of cost, but under such provisions and control as they may see fit to impose. 134. It shall be the duty of the board of education : First To superintend and control the schools in such cities. Second To examine all persons offering themselves as candidates for teachers, and, when found well qualified, to give them certificates gra- tuitously. Third To visit all the public schools as often as once a month. Fourth To establish such by-laws, rules and regulations for the establishment, maintenance and government of a proper and uniform system of discipline in the several schools as may in their opinion be necessary. Fifth To determine from time to time how many and what class of teachers may be employed in each of the public schools, and to employ such teachers and fix their compensation. Sixth To take charge of the school houses, furniture, grounds and other property belonging to the school districts, and see that they are kept in good condition and not suffered to be unnecessarily injured or deteriorated. 39 Seventh To provide fuel and such other necessaries for the schools i\$, in their opinion, may be required in the school houses or other property belonging to the said districts. Eighth To establish and maintain vacation schools and play grounds under such rules and regulations as it shall prescribe. Ninth To inquire into the progress of pupils and the government of the schools. Tenth To prescribe the method and course of discipline and instruc- tion in the respective schools, and to see that they are maintained and pursued in the proper manner. Eleventh To prescribe what studies shall be taught, and what books and apparatus shall be used. Twelfth To report to the city council, from time to time, any suggestions they may deem expedient or requisite in relation to the schools and the school fund, or the management thereof, and generally to recommend the establishment of new schools and districts. Thirteenth To prepare and publish an annual report, which shall include the receipts and expenditures of each school, specifying the- source of such receipts and the object of such expenditures. Fourteenth To communicate to the city council, from time to time,, such information as may be required. 135. None of the powers herein conferred upon the board of education of such cities shall be exercised except at a regular meeting. 136.. All conveyances of real estate shall be made to the city and the title of all property acquired by condemnation shall be vested in the city, in trust for the use of schools, and no sale of real estate or interest therein used for school purposes or held in trust for schools shall be made, except by the city council upon the written request of the board of education. 137. All moneys raised by taxation for school purposes or received from the State common school fund, or from any other source for school purposes, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and city comptroller, or, if there be no city comptroller, by the city clerk. 138. The board of education shall not add to the expenditures for school purposes anything over and above the amount that shall be received from the State common school fund, the rental of school lands or property, and the amount annually appropriated for such purposes. If the board shall add to such expenditure, the city shall not, in any ca^e, be liable therefor. And nothing herein container] shall be construed so as to authorize the levy or collection of any tax upon the demand or under the direction of the board of education. 139. All schools in such cities shall be governed as herein provided and no power given to the board of education shall be exerciser! by the oitv council of such cities. 40 PARENTAL SCHOOLS. 140. In cities having a population of 100,000 inhabitants or more, there shall be established, maintained and conducted, one or more parental or truant schools for the purpose of affording a place of confine- ment, discipline, instruction and maintenance of children of compulsory school age who may be committed thereto in the manner hereinafter provided. 141. For the purpose of establishing such school or 'schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities; but no such school shall be located at or near any penal institu- tion. It shall be the duty of the board of education to furnish such schools with such furniture, fixtures, apparatus and provisions as may be necessary for the maintenance and operation thereof. 142. The board of education may also employ a superintendent and all other necessary officers, agents and teachers; and shall prescribe the methods of discipline and the course of instruction; and shall exer- cise the same powers and perform the same duties as are prescribed by law for the management of other schools. 143. No religious instruction shall be given in such school except such as allowed by law to be given in public schools; but the board of -education shall make suitable regulations so that the inmates may receive religious training in accordance with the belief of the parents of such children, either by allowing religious services to be held in the institution or by arranging for attendance at public service elsewhere. 144. It shall be the duty of the truant officer or agent of such board of education to petition, and any reputable citizen of the city may petition, the county or circuit court of the county to inquire into the case of any child of compulsory school age who is not attending school, and who has been guilty of habitual truancy, or persistent viola- tion of the rules of the public school, and the petition shall also state the names, if known, of the father and mother of such child, or the survivor of them; and if neither father nor mother of such child is living, or found in the county, or if their names cannot be ascertained, then the name of the guardian, if there be one known; and if there be a parent living whose name can be ascertained, or ' a guardian, the petition shall show whether or not the father or mother or a guardian consents to the commitment of such child to such parental .or truant school. ' Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed the judge of the county or circuit court shall have the child named in the petition brought before him for the purpose of determining the application in such petition contained. But no child shall be committed to such school who has ever been convicted of any offense punishable by confinement in any penal institution. 145. Upon the filing of such petition the clerk of the court shall issue a writ to the sheriff of the county directing him to bring such child before the court, and if the court shall find that the material facts set forth in the petition are true, and if, in the opinion of the court, such 41 child is a fit person to be committed to such, parental or truant school, an order shall be entered that such child be committed to such parental or truant school, to be kept there until he or she arrives at the age of fourteen years, unless sooner discharged in the manner hereinafter set forth. Before such hearing notice in writing shall be given to the parent or guardian of such child, if known, of the proceedings about to be instituted, that he or she may appear and resist the same if either of them so desire. 146. It shall be the duty of the parent or guardian of any child committed to this school to provide suitable clothing upon his or her entry into such school and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent or guardian shall refuse or neglect to furnish such clothing, the same may be provided by the board of education, and such board may have an action against such parent or guardian of the child to recover the cost of such clothing with 10 per cent additional thereto. 147. The board of education of such city shall have power to es- tablish rules and regulations under which children committed to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under the control of the officers and agents of such school, and subject at any time to be taken back within the enclosure of such school by the superinten- dent or an authorized officer of said school except as hereinafter pro- vided ; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of educa- tion. No child shall be released upon parole in less than four weeks from the time of his commitment, nor thereafter until the superin- tendent of such parental or truant school shall have become satisfied from the conduct of the child that, if paroled, he or she will attend regu- larly the public or private school to which he or she may be sent by his or her parents or guardian and shall so certify to the board of educa- tion. 148. It shall be the duty of the principal or other persons having charge of the school to which such child so released upon parole may be sent to report at least once each month to the superintendent of the parental or truant school, stating whether or not such child attends school regularly and obeys the rules and requirements of said school; and if such child so released upon parole shall, be regular in his or her attendance at school and his or her conduct as a pupil shall be satisfac- tory for a period of one year from the date on which he or she was re- leased upon parole, he or she shall then be finally discharged from the parental or truant school, and shall not be recommitted thereto except on petition as hereinbefore provided. 149. In case any child released from said school upon parole, as hereinbefore provided, shall violate the conditions of his or her parole at any time within one year thereafter, he or she shall, upon the order of the board of education, as hereinbefore provided, be taken back to such parental or truant school and shall not be again released upon parole 42 within the period of three months from the date of such re-entering, and if he or she shall violate the conditions of a second parole he or she shall he recommitted to such parental or truant school and shall not be released therefrom on parole until he or she shall remain in said school at least one year. 150. In any case in which a child is found to be incorrigible and his or her influence in such school to be detrimental to the interests of the other pupils, the board of education may authorize the superinten- dent or any officer of the school to represent these facts to the circuit or county court by petition, and the court shall have authority to com- mit said child to some juvenile reformatory. 151. Boards of education in cities having a population of over 25,000 and less than 100,000 may establish, maintain and operate a parental or truant school for the purposes hereinbefore specified, and in case of the establishment of such a school, the boards of education shall have like power in their respective cities as hereinbefore expressed: Provided, however, that no board of trustees or board of education under this section shall put this law into effect until submitted to a vote of the people and adopted by a majority vote at some general election. TEACHER'S PENSION FUND. 152. In every city in this State having a population exceeding 100,000 inhabitants, there shall be elected a board of trustees to have the administration and control of a public school teachers 7 pension and retirement fund, to be created and maintained in the manner provided by this Act. * Such board of trustees shall consist of nine members. The secretary of the board of education of such city shall be ex officio a mem- ber of said board of trustees; in addition thereto there shall be elected annually at the first meeting of the board of education in the month of October of each year two of its members to serve on said board of trus- tees; and at the first election there shall be elected six members to said board of trustees from the teachers' force employed in said city; two for the term of one year, two for the term of two years and two for the term of three years. On the date of the first meeting of said board of education in the month of October of each year thereafter there shall in like manner be elected two members to said board of trustees, who shall hold their office for a term of three years. The election of the members of said board of trustees by the board of education, shall be by a majority vote in such manner as they, the board of education, shall provide. The election of the members to said board of trustees by the teaching forces of such city shall be by ballot at an election held by the board of education, which shall conform as nearly as may be to the pro- visions of the law in relation to school elections, and each person being a member of the teaching force of such city, and a contributor to said pension and retirement fund shall be entitled to cast at such election, one vote for each trustee to be elected. Elections to fill vacancies may be called by the board of education and held at the annual election : Pro- 43 ridcd, however, that the board of education may fill vacancies occurring in the membership of said board of trustees elected from said board of education at any regular meeting of the board of education. 153. Such board of trustees shall have charge of and adminis- tration of the public school teachers' pension and retirement fund of such city, and shall have power to invest the same in such manner as it shall deem most beneficial to said fund,, but in the same manner and subject to the same terms and conditions as township trustees are permitted to invest school funds under the law, and shall have power to make payments from said fund of pensions or annuities granted in pursuance of this Act; and shall from time to time make and establish such by-laws, rules and regulations for the administration of said fund, as they shall deem advisable and shall have power to employ such as- sistance and service as may, in their judgment be necessary for the proper enforcement of the provisions of this Act and carrying into effect valid by-laws, rules and regulations enacted by them, and they shall have power to fill any vacancies occurring in said board of trus- tees of members elected from the teaching force of said city, until the next annual election, when said vacancies shall be filled as provided by this Act. 154. The public school teachers' pension and retirement fund of such city shall consist of moneys paid into said fund by persons desir- ing the 'benefits thereof, under the provisions of this Act; of moneys received from donations, legacies, gifts, bequests or otherwise on ac- count of said fund, and of moneys paid into said fund in pursuance of any law now in force or hereafter to be enacted. 155. Any person who shall be employed to teach in the public school of any such city, after this Act shall take effect, shall be entitled to the benefits of said fund upon complying with the provisions of this Act, and for the purposes of this Act such persons shall be divided into the following classes: First Those who have taught five years or less. Second Those who have taught more than five years and not more than ten years. Third Those who have taught more than ten years and not more than fifteen years. Fourth Those who have taught more than fifteen years. After this Act shall take effect, there shall be set apart from the salaries of all persons hereafter entering for the first time the employ of the board of education of such cities $5.00 per annum, while they remain in the first class; $10.00 per annum while they remain in the second class; $15.00 per annum while they remain in the third class, and -$30.00 per annum while they remain in the fourth class, which amounts shall be deducted by the board of education in equal install- ments from their respective salaries at the regular times for the pay- ment thereof, and be paid into and constitute a part of the public school teachers' pension and retirement fund of such city. ^ 156. Teachers employed by the board of education of any such city, who shall become contributors to and beneficiaries of a public school teachers' pension and retirement fund, under any provisions of 44 this Act, may count past service as a part of the period of twenty-five years hereinafter specified, by paying into said fund -i sum equal to that which he or she would have contributed under the provisions of this Act, had he or she been a regular contributor to said fund, during said period of past service, together with interest thereon at the rate of 4 per cent per annum from the time such payments would have been made to the time such person shall by making such payment become entitled to the benefit of such past service. 157. Such board of trustees shall have the power and it shall be its duty to pass a resolution declaring the maturity of service and right to the immediate benefits of said fund in favor of persons entitled to the benefits thereof in the following cases : First When any such persons shall have taught in the public schools or rendered service therein for a period of twenty-five years within the meaning of this Act. Second When any contributor to the said fund shall have taught fifteen years in the public schools within the meaning of this Act and shall have been declared by three competent physicians, who have made a physical examination of the teacher, at the request of a majority of such board of trustees, to be suffering from a permanent disability : Provided, however, that neither said board of trustees nor said board of education shall declare any contributor entitled to the immediate bene- fits of said fund until he or she shall have taught in the public schools of such city three-fifths of the term of service of twenty-five or fifteen years, as the case may be; and no person shall be entitled to the benefits of said fund until he or she shall have retired from service as a teacher in said city. 158. Each teacher so retired or retiring after twenty-five years of service shall thereafter be entitled to receive an annuity of $400.00, and each teacher so retired because of permanent disability after fifteen years of service shall receive as an annual pension such proportion of the full annuity of $400.00 as the sum contributed by such teacher so retired bears to the total contributions required for a full annuity. Said pensions and annuities shall be paid monthly during the school year by said board of trustees out of the fund created in accordance with the provisions of this Act in the manner provided by law for the payment of teachers 5 salaries. 159. The president and the secretary of said board of education shall certify monthly to the city treasurer all amounts deducted from the salaries of teachers, special teachers, principals and superintendents of schools in accordance with the provisions of this Act, which amounts, as well as all other moneys contributed to said fund, shall be set apart and held by said treasurer as a special fund for the purposes hereinbefore specified, subject to the order of said board of trustees herein created, and shall be paid out upon warrants signed by the president and secretary of said board of education, and countersigned by the president of the said board of trustees. 160. The city treasurer, ex offido, shall be the custodian of -said pension fund, and shall secure and safely keep the same, subject fe> $ie 45 control and direction of said board of trustees, and shall keep his books and accounts concerning such fund in such manner as may be prescribed by said board, and said books and accounts shall always be subject to the inspection of said board or any member thereof. Said city treasurer shall be liable on his official bond for the proper performance of his duties and the conservation of the fund created by this Act. Any legal proceedings which may be necessary for the enforcement of the provi- sions of this Act shall be brought by and in the name of the board of education for the use of the board of trustees of the public school teachers' pension fund. 161. No teacher who has been, or who shall have been, elected by said board of education, shall be removed or discharged, except for cause, upon written charges which shall upon the teachers' written request, be investigated and determined by said board of education, whose action and decision in the matter shall be final. If at any time a teacher who- is willing to continue is not reemployed or is discharged before the time he or she would, under the provisions of this Act, be entitled to a pen- sion, then such teacher shall be paid back at once the money he or she may have contributed under, this law. Any teacher who shall retire voluntarily from the service, prior to entering the aforesaid fourth class, shall receive a refund of one-half of the money he or she shall have contributed under this law. 162. All persons who shall be employed as teachers by the board of education of any such city shall, by such employment, accept the- provisions of this Act, and thereupon become contributors to said pension fund in accordance with the terms thereof. Ajid the provisions of this Act shall become a part of and enter into any such contract of employment. 163. All pensions or annuities granted under the provisions of this Act and every portion thereof shall be exempt from attachment or garnishment process and shall not be seized, taken, subjected to, detained or levied upon 'by virtue of any execution, or any process or proceedings whatsoever issued out of or by any court of this State for the payment or satisfaction in whole or in part of any debt, claim, damage, demand er judgment against any pensioner hereunder, and no annuitant or pensioner shall have the right to transfer or assign his or her pension , or annuity or any part thereof either by way of mortgage or otherwise. 164. Neither the treasurer nor any other officer having the custody of public school funds of any city having a population exceeding 100,000 inhabitants shall be entitled to retain any interest accruing thereon or any part thereof, but such interest shall accrue and inure to the benefit of such school funds respectively, become a part thereof and be paid into the city treasury, subject to the purposes of this Act. 165. The board of education of any such city, as to such funds raised by taxation, levied by such city for school purposes, whether the same be for educational purposes or for building purposes, shall annually set aside all interest so added to such funds and contribute the same to the public school teachers' and public school employes' pension and retirement funds now created or existing, or such as may be hereafter 46 created pursuant to any law. The amount of such interest so contri- buted, however, shall not exceed in any year 1 per cent of the sums so levied for such purposes. NORMAL SCHOOL SCHOLARSHIPS. 166. There shall be awarded annually to each school townshi fractional township, a scholarship which shall entitle the holder thereof to gratuitous instruction in any State normal school, for a period of four years: Provided, however, that any township 1 saving a population exceeding one hundred thousand inhabitants, shall be entitled to five scholarships. 167. The county superintendent shall receive and register the names of all applicants for such scholarships, and shall hold an examination, or cause an examination to be held, in each township, for the benefit of graduates of the eighth grade : Provided, however, that when a township is divided by a county line, the county superintendent in whose county the sixteenth section is situated shall have charge of the exami- nation in such township. 168. All examinations for normal school scholarships shall be held on any Saturday between the first day of March and the fifteenth day of May in each year, according to rules and regulations prescribed by the Superintendent of Public Instruction, and the pupil found to possess the highest qualifications shall be entitled to such scholarship : Provided, however, that such pupil shall be a resident of the township in which such examination is held: And, provided, further, that when no application is received from any township, the county superintendent shall assign the pupil found to possess the next highest qualifications to that township. 169. The county superintendent shall certify the names and addresses of all successful applicants, with the number and range of the township to which each pupil is accredited, to the Superintendent of Public Instruction, who shall issue to each pupil a certificate of scholar- ship, which shall be accepted by the authorities of any State normal school in lieu of any entrance examination, "and shall exempt the holder thereof from the payment of tuition, or any term, matriculation, or incidental fee whatsoever. UNIVERSAL SCHOLARSHIPS. 170. There shall be awarded, annually, to each county, one univer- sity scholarship, which shall entitle the holder thereof to gratuitous instruction in the University of Illinois for a period of four years. 171. The county superintendent shall receive and register the names of all applicants for such scholarships, and shall hold an exami- nation on the first Saturday of June of each year, according to rules and regulations prescribed by the president of the University, and the student found to possess the highest qualifications shall be entitled to such scholarship: Provided, however, that every applicant shall be at 4? least 16 years of age, and a resident of the county in which such examination is held: And, provided, further, that no student who has attended the University of Illinois shall be eligible to such examination. 172. The county superintendent shall return to the president of the University, within ten days after such examination, a list of the names of all applicants examined, the grades obtained, together with the examination papers submitted by them; and the president of the University shall issue to the successful applicant a certificate of scholar- ship as directed by the provisions of this Act: Provided, however ', that in case no return is made from a county, the president of the University may assign to that county from some other county the student found to possess the next highest qualifications. 173. In addition to the scholarships provided for in section 170, each member of the General Assembly is authorized to nominate and appoint, annually, one person of school age and otherwise eligible, from his district, who shall, by virtue of his appointment, receive a certificate of scholarship in the University. Each member of the General Assembly shall file with the president of the University on or before the first Saturday in June, the name and address of the student nominated by him to receive such scholarship. The candidate for such scholarship shall present himself for nomination before the county superintendent in the county where such student resides, at the time stated in section 171 for the competitive examination. The president of the University shall prescribe the rules and regulations governing such examination: Provided, however, that in case the person named fails to pass the required examination for admission, the president of the University shall at once notify the member making the appointment, who may name another person for such scholarship : And, provided, further, that if the member of the General Assembly shall so elect, the scholarship under his control may be awarded by competitive examination conducted under like rules as prescribed in section 171 of this Act. 174. Any University scholarship issued under the provisions of this Act shall exempt the holder from the payment of tuition, or any matriculation, term or incidental fee whatsoever, except for purchase of laboratory supplies and similar fees for supplies and iiiaterials : Provided, however, that such student shall be subject to all examinations, rules and requirements of the board of trustees and faculty, except as herein directed : And, provided, further, that the privileges of these scholar- ships shall not be available in the professional schools and colleges of the University : And, provided, further, that this Act shall not be con- strued to prohibit the board of trustees from granting other scholarships. 175. Any student holding a University scholarship, who shall make it appear to the satisfaction of the president of the University that he requires leave of absence for the purpose of earning funds to defray his expenses while in attendance, may be granted such leave of absence, and may be allowed a period not to exceed six years to complete his course at the University. 48 TEACHERS. 176. No one shall be authorized or employed to teach in the com- mon schools of this State, or shall receive, for teaching, any part of any public school fund, who is not at least 18 years of age, if a man r or 17 years of age, if a woman, and who does not hold at the time he enters upon his duties a certificate of qualification issued by the county superintendent of schools or the Superintendent of Public Instruction 1 Provided, however, that in any county in which a county normal school is established, under the control of a county board of education, the diplomas of graduates in said normal school shall, when directed by said board, be taken by the county superintendent as sufficient evidence of qualification to entitle the holder to a first grade certificate if presented within two years from such graduation. 177. Certificates of qualification issued by the Superintendent of Public Instruction shall be valid in every district in the State during the good behavior of the holder. Such certificates shall be granted only upon a public examination, complete in itself, under such regulations- and by such examiners as the Superintendent of Public Instruction shall prescribe and appoint. The holder of any State certificate, while he continues to teach, shall, annually, before entering upon his duties as- teacher, present his certificate to the county superintendent for registra- tion. A fee of one dollar shall be charged therefor and covered into the institute fund. 178. Certificates of qualification granted by the county superin- tendent shall be of two grades: A certificate of the first grade shall be valid in the county for two- years and shall certify that the person to whom such certificate is issued is of good character and qualified to teach orthography, reading in Eng- lish, penmanship, arithmetic, English grammar, modern geography^ civics, the elements of the natural sciences, the history of the United States, the history of Illinois, physiology and the laws of health. A certificate of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is issued is of good char- acter and is qualified to teach orthography, reading in English, pen- manship, arithmetic, English grammar, modern geography, civics, the history of the United States and the history of Illinois. Such certificates may be in the following form, to wit : ILLINOIS, , 1 ... The undersigned having examined in orthography, reading in English, penmanship, arithmetic, English grammar, modern geog- raphy, civics, the history of the United States, the history of Illinois, and methods of teaching, and being satisfied that is of good character, hereby certifies that qualifications in these branches are such as to entitle to this certificate, being of the grade, and valid in this county for year from the date hereof, renewable at the option of the county superintendent by his endorsement hereon. Given under my hand and seal at the date aforesaid. A B County Superintendent of Schools. OF T Mfe - 49 OF Teachers of music,, drawing, penmanship, bookkeeping, other special study, exclusively, shall not be required to be examined except in reference to such special study, and in such cases it shall not be lawful to employ such teachers to teach any branch of study except such as they have been examined upon and which shall be stated in such certificates. The county superintendent may, in his option, renew cer- tificates at their expiration by his endorsement thereon, and may revoke a certificate at any time for immorality, incompetency or other just cause. 179. Every school established under the provisions of this Act shall, be for instruction in the branches of education prescribed in the qualifi- cations for teachers, and in such other branches, including vocal music and drawing, as the directors, or the voters of the district at the annual election of directors may prescribe. 180. Examinations for teachers' certificates shall be held by the county superintendent quarterly, and oftener, if necessary, on such days and in such places as will accommodate the greatest number of persons desiring such examination. Notice of such examinations shall be pub- lished a sufficient length of time in at least one newspaper of general circulation. A fee of one dollar shall be charged for the examination and also for the renewal of a certificate. 181. The county superintendent shall hold an annual institute, not fewer than five days, for the instruction of teachers and those who may desire to teach. With the concurrence of the Superintendent of Public Instruction he shall employ such assistance as may be necessary to conduct the institute. Two or more adjoining counties may hold an institute together. At every institute instruction shall be free to holders- of certificates good in the county or in any of the counties holding the institute, and to those who have paid an examination fee and failed to receive a certificate. All others attending shall be required to pay a registration fee of one dollar. 182. All examination and registration fees, and fees for renewals, shall be transmitted monthly to the county treasurer, with a list of the names of the persons paying such fees. Such fund shall constitute the institute fund, and shall be paid out only upon the order of the county superintendent, to defray the expenses of teachers' institutes. When the institute fund in any county exceeds the average annual cost of the teachers' institute for the next preceding three years, such excess may be drawn upon by the county superintendent of schools for the pur- pose of defraying the expense of any general meeting of the teachers of the county. 183. Five days in any school year, spent by a teacher, during term time, in attendance upon a teachers' institute, held under the direction of the county superintendent of schools, ^hall be considered time lawfully expended in the service of the district, and no deduction of wages shall be made for such attendance. It shall be the duty of the school directors to close the schools for such institute. 4 S L 50 184. It shall be the duty of every teacher to see that the school property of the district, under his care and control, is not unnecessarily damaged or destroyed. No teacher shall be paid any part of the school funds unless he shall have furnished schedules, when required by law, and shall have satisfactorily accounted for all books, apparatus and other property belonging to the district. 185. Teachers shall keep daily registers, which shall exhibit the name, age and attendance of each pupil, the day of the week, the month and the year. Registers shall be in the following form, the absence of each scholar being indicated by a mark, the presence by a blank, to wit : Register of a common school kept by A B in district No ., in the county of , in the State of Illinois. cc cs cr; CC ^ ^ CC ^ CC cc CO ^ CC h- K- CD CO o s s O S o S S O o o | H 1 ^ tr p 3 1 H3 - - A ^ 5" S 1 S ? ^ 1 s H c' H ^ ^B: c- g ^T | p p VJ ~ i p I QD c. 5 0. p = 3 5 p S fe ij V- P v; v< >'- P * V ^ P * ^ Jj4 ^ P "* ** -! ' '-1 ** T" r -1 rr ^ NAMES AND AGES. V| ^ ^ ^ 5-1 J C c? Jr 1 c C_| C 1 I 1 | H I I 1 ? C" ~ | i ! s 1 S S 1 ~ j II I a 3 5 '-s 5 1 3 5 ~ 5 -. -J 1 i ^ b p b ^ ^ Names. Ages. !~; X b t L" ~. -"i > l_l to M *> -, oo CC S John Smith 10 1 1 ' 1 Isaac Meisler 13 1 1 1 1 i 1 1 1 1 .. Sarah Danforth 16 Mary Newman 18 1 1 Grand total number of days Boys. Girls. Total. Number of pupils 2 2 4 Average daily attendance 3 2 Such registers shall be furnished to the teachers by the school directors, and each teacher shall, at the end of his term of school, return his register to the clerk of the school board of the district. No teacher shall be paid any part of the school funds unless he shall have accurately kept and returned the register as aforesaid. 186. In all districts controlled by a board of directors, teachers shall make schedules of the names of all pupils attending school, in the form prescribed by this Act, and when pupils reside in two or more districts, townships or counties, separate schedules shall be kept for each district, township or county. Boards of education may require teachers to make schedules, or statements, certifying the number of clays' attendance for each month, as shown by their registers, which shall be 51 certified by the board of education, and be subject to the same require- ments as schedules. Schedules shall be certified by the teacher, and shall be in the following form, to wit: Schedule of a school taught by .<,...! , in district No. ... .. . . .,, in the county of , in the State of Illinois. Names and ages of pupils residing in district No , county, who have attended school during the time beginning the. .,. . . .day of. ... ....... . . . . . ., 1 , during which time the school was in session .school days. Days Name. Ages. attended. John Smith 10 15 Isaac Meisler 13 11 Sarah Danforth 16 20 Mary Newman 18 18 Grand total number of days' attendance 64 Boys. Girls. Total. Number of pupils ! 2 I 2 4 Average daily attendance 3.2 I hereby certify that the foregoing schedule is correct, to the best of my knowledge and belief. A B...... Teacher. 187. The schedule, or schedules, shall be delivered to one of the directors, who shall, if requested, give the teacher a receipt for the same. It shall be the duty of the director to examine carefully such schedule, or schedules, with at least one other director, and correct any errors, and if such schedule has been made according to law, they shall certify to the same in the following form, to wit: STATE OF ILUNOIS, ] Us. COUNTY. J We, the undersigned, directors of district No in county, certify that we have carefully examined the foregoing schedule and find it to be correct, and that the school was conducted according to law; that the teacher is paid according to contract dollars per ; the sum of dollars is now due for services for the month ending ; that the teacher has a legal certificate of grade, and that the property of said district in charge of such teacher has been satisfactorily accounted for Signed this day of , 1 ... Directors. 188. The school month shall be the same as the calendar month. But a teacher shall not be required to teach on Saturdays or legal school holidays, which are the first day of January, the fourth day of July, the 52 twenty-fifth day of December, and any day appointed by the President or Governor as a day of fast or thanksgiving, and no deduction shall be made from the time or compensation of a teacher on account of such days. REVENUE. 189. For the purpose of establishing and supporting free schools for not less than six nor more than nine months in each year, and defraying all the expenses of the same of every description; for the purpose of repairing and improving school houses, of procuring furni- ture, fuel, libraries and apparatus, and for all other necessary incidental expenses in each district, village or city, the directors of such district and the authorities of such village or city shall be authorized to levy a tax annually upon all the taxable property of the district, village or city not to exceed one and one-half per cent for educational and one and one-half per cent for building purposes, the valuation to be ascer- tained by the last assessment for State and county taxes: Provided, that the term incidental expenses herein used shall not include any sum expended or obligation incurred for the improvement, repair or benefit of the school buildings and property, but all such sums and obligations shall be paid from that portion of the tax levied for building purposes. No election or petition shall be necessary to authorize the levy of a tax for the ordinary repair and improvement of school buildings or grounds or for the payment of any special tax or special assessment levied upon such property. 190. The board of directors or board of education of each district shall ascertain, as near as practicable, annually, how much money must be raised by special tax for educational and for building purposes for the next ensuing year. Such amounts shall be certified and returned to the township treasurer on or before the first Tuesday in August, annually. The certificate shall be signed by the president and clerk, or secretary, as the case may require, and may be in the following form, to wit : CERTIFICATE OF TAX LEVY. We hereby certify that we require the sum of dollar to be levied as a special tax for educational purposes, and the sum of dollars to be levied as a special tax for building purposes, on the equalized assessed value of the taxable property of our district, for the year,. 1 ... Signed this day of 1 ... A B President, C D Clerk. District No , County. The township treasurer shall return the certificate to the county clerk,, on or before the second Monday of August. A failure by the school board to file the certificate, or of the treasurer to return it to the county clerk in the time required, shall not vitiate the assessment. 191. When a district lies partly in two or more counties the direct- ors shall ascertain, as near as practicable, the amount to be raised by special tax for educational and building purposes, and shall prepare a certificate for each county in which such district may lie, and deliver 53 the certificates to the township treasurer who receives the tax money of such district, who shall return a certificate to each of the county clerks of the counties in which a part of such district is situated. On the first Monday of October, annually, or as soon thereafter as may be practicable, the county clerk of each of such counties shall ascertain the total equalized valuation of all the taxable property in that part of such dis- trict as shall lie in his county, and certify the amount thereof to the county clerk of each of the other counties in which such district may lie; and from the aggregate of such equalized valuation, and from the certificate of the amount so required to be levied, such clerk shall ascer- tain the rate per cent required to produce in such district the amount of such levy, and at that rate shall extend the special tax to be levied foi educational and building purposes in that part of such district lying in his respective county. 192. It shall be the duty of assessors, when making assessments of personal property, to designate the number of the school district in which the person assessed resides. Such designation shall be made by writing the number of the district opposite each person's assessment of personal property in the assessment roll returned by the assessor to the county clerk. The officers preparing blank books and notices for the use of assessors shall provide columns and blanks, so that the number of the school district may be designated. 193. On or before the first day of April next after the delivery of the tax books containing the computation and levy of the taxes, or as soon thereafter as the treasurer shall present the certificate of the amount of the tax, and make a demand therefor, the collector shall pay to the treasurer the full amount of the tax certified by the county clerk, or in case any part remains uncollected, the collector shall, in addition to the amount collected, deliver to the treasurer a statement of the amount of uncollected taxes for each district of the township, taking his receipt therefor, which receipt shall be evidence in favor of the col- lector as against the treasurer. 194. If any collector shall fail to pay the taxes or any part there- of, the treasurer, or other authorized person, may proceed against him and his securities in an action of debt upon his official bond in any court of competent jurisdiction. The collector so in default shall pay twelve per cent on the amount due, to be assessed as damages, which shall be included in the judgment rendered against him. If he can show that any part of the taxes could not be collected by law, he shall not be liable for such taxes until he has collected, or may be able to collect them. BONDS. 195. For the purpose of building or repairing school houses or purchasing or improving school sites, the directors of any school dis- trict, when authorized by a majority of the votes cast at an election held for that purpose, may borrow money; and, as evidence of such indebted- ness, may issue bonds signed by at least two directors, in denominations of not less than $100.00, and bearing interest at a rate not exceeding 7 per cent per annum. 54 196. All bonds issued by virtue of this Act, before being issued, negotiated and sold, shall be registered, numbered and countersigned by the treasurer who receives the taxes of the district. Such registration shall be made in a book provided for that purpose, in which shall be entered the record of the election authorizing the directors to borrow money, and a description of the bonds issued, including the number, date, to whom issued, amount, rate of interest and when due. 197. All moneys borrowed under the authority of this Act shall be paid to the treasurer of the township wherein the bonds issued there- for are required to be registered. Upon receiving such moneys, the treasurer shall deliver the bond or bonds issued therefor to the person or persons entitled to receive them, and shall credit the funds received to the district issuing the bonds. The treasurer shall record the exact amount received for each and every bond issued. When any such bonds are paid, the treasurer shall cancel the same and shall enter, against the record of such bonds, the words "paid and cancelled the day of . . 1. . ." filling the blanks with the day, month and year corresponding to the date of such payment. 198. When it is desired to hold an election for the purpose of borrowing money, the directors of the district shall give at least ten days 5 notice of the election, by posting notices in at least three of the most public places in the district. Such notices shall specify the place where such election is to be held, the time of opening and closing the polls, and the question to be voted upon, which notice may be in the following form, to wit: NOTICE OF ELECTION. Notice is hereby given that on day of 1 , an election will be held at school district No in . v County, Illinois, for the purpose of voting "for" of "against" the proposition to issue bonds of district No to the amount of dollars due (here insert the times of payment, giving the amount falling due in each year, if the bonds mature at different days), which bonds are to bear interest at the rate of per cent per annum, payable annually. The polls will be opened at o'clock, .... .m., and closed at o'clock, m. Dated this day of , 1 A B President, C D Clerk. 199. Two of the directors shall act as judges of the election and one as clerk. In case a director shall fail to attend or to act at such election, the legal voters assembled shall choose from their number, at the time of opening the polls, some person to act as judge or clerk, as the case may be. The judges and clerk shall take and subscribe the oath required of judges and clerks of an election held for State and county officers. All votes shall be by ballot, 200. Within ten days after the election the judges shall cause the poll books to be returned to the township treasurer who is required to register such bonds, with a certificate thereon showing the result of the election, which poll book shall be filed and kept by the treasurer, and shall be evidence of such election. 55 201. When a school district has issued bonds, or other evidence of indebtedness, for any purposes which are binding and subsisting legal obligations, and remaining outstanding, the directors of such school dis- trict may, upon the surrender of any such bonds or other evidences of indebtedness, issue in liew thereof, to the holders or owners of the same, or to other persons for money with which to pay the same, new bonds or other evidences of indebtedness, according to the provisions of this Act. COUNTY CLERK. 232. Whenever the returns of an election for trustees of schools are made to the county clerk, it shall be his duty to furnish to the county superintendent of schools, within ten days after such returns have been made, the names of the trustees so returned to him, and to specify the townships in which they have been elected. 203. It shall be the duty of the county clerk to furnish the directors of any school district, upon request, a certificate showing the last ascer- tained equalized value of the taxable property of such district. 204. When a school district lies partly in two or more counties, it shall be the duty of the county clerk of each county in which any part of such district lies to furnish, upon request, to the directors of such district, a certificate showing the last ascertained equalized value of the taxable property in that part of such district lying in such county. 205. It shall be the duty of the county clerk, when making out the tax books for the collector, to compute each taxable person's tax in each school district upon the total amount of taxable property as equalized by the State Board of Equalization for that year, lying and being in such district, whether belonging to residents or nonresidents, and also upon each and every tract of land, the larger part of which lies in such district. Such compensation shall be made so as to realize the amount of money required to be raised ii- such district, as shown and set forth in the certificate of tax levy, made out by the directors of such district, and filed with the township treasurer, as required by this Act. The said county clerk shall cause each person's tax, so computed, to be ?et upon the tax book to be delivered to the collector for that year, in a separate column against each taxpayer's name, or parcel of taxable prop- erty, as it appears in said collector's books, to be collected in the same manner, and at the same time, and by the same person, as State and county taxes are collected. He shall number the school districts on the maps in his office to correspond with the numbers of districts as returned to him by the county superintendent of schools, and in making up the tax books to be delivered to the collector of taxes, the county clerk shall copy into such tax books the number of the school district set opposite to each person's assessment of personal property by the assessor making the assessment of such person, and shall extend the school tax on each person's assessment of personal property, according to the rate required by the amount designated b}^ the directors of the school district in which such person resides, as shown by the certificate of tax levy. The computation of each person's tax and the levy made by the clerk shall 56 be final and conclusive. The rate shall be uniform, and shall not exceed that required by the amount certified by the board of directors. The said county clerk, before delivering the tax book to the collector, shall make out and send by mail to each township treasurer of the county a certificate of the amount due each district or fraction of a district in his township, from the tax so levied and placed upon the tax books. 206. The county clerk shall record and preserve the report of the county superintendent made to the county board at the first regular term of such board in each year relating to the sale of school lands, the amount of money received, paid, loaned out and on hand, belonging to each township fund in his control, and the statement copied from the loan book of such county superintendent, showing all the facts in regard to loans which are required to be stated in the loan book. 'THE COUNTY BOARD. 207. It shall be the duty of the county board of each county of -the State: First To provide for the county superintendent of schools a suitable office with necessary furniture and office supplies, as is done in the case of other county officers. Second To examine and approve or reject the report of the county superintendents of schools made to such board. Third To audit at the regular meeting in September, and as near quarterly thereafter as such board may have regular or special meetings, the itemized bills of the county superintendent of schools for the expense of his office. Fourth To authorize the county superintendent of schools to employ mich assistants as he needs for the full discharge of his duties, and to fix the compensation thereof, which compensation shall be paid out of the county treasury. Fifth To examine the financial statements of the county superin- tendent of schools required by section 11 of this Act and compare the same with vouchers, and the county board, or so many of them as may be present at the meeting of the board, shall be liable individually to the fund injured and to the securities of the county superintendent, in case judgment be recovered of the said securities, for all damages occasioned by neglect of the duties, or any of them, required of the board by this section : Provided, however, that nothing herein contained shall be con- strued to exempt the securities, but they shall remain liable to the fund injured the same as if the members of the county board were not liable to them for neglect of their duty. 208. The county board of each county of this State shall have power : First To approve the bond of the county superintendent of schools, -and to increase the penalty of such bond if. in the judgment of the county board, such penalty should be so increased. Second To require the county superintendent' of schools, after notice given, to execute a new bond, conditioned and approved as the first 57 bond, whenever in the discretion of the county board such new bond is necessary: Provided, however, that the execution of such new bond shall not affect the old bond or the liability of the security thereof. Third To require the county superintendent of schools to make the reports to such board provided for by law, and to remove him from office in case of neglect or refusal so to do, or for any palpable violation of law or omission of duty. 209. When the office of county superintendent of schools shall become vacant, the county board shall fill the vacancy by appointment. If by reason of a tie upon the vote to fill such vacancy, or from any other cause, the vacancy shall not be filled by the county board within thirty days of the time it occurs, it shall be the duty of the clerk of the county board to summon the county judge of the county in which the vacancy exists to meet with the county board at a time and place designated by the clerk, of which meeting the members of the county board shall have notice; and the county board and county judges, when so notified, shall meet at the time and place designated, at which meeting the county judge shall preside, and in case of a tie he shall give the casting vote. The clerk shall notify the person so selected of his appointment. SCHOOL FUND. 210. The common school fund of this State shall consist, until otherwise provided by law, of the proceeds of a two-mill tax levied annually upon each dollar of the equalized assessed value of all the property in the State ; the interest on the school fund proper, which fund is 3 per cent upon the proceeds of the sales of public lands in the State, one-sixth part excepted; and the interest on the surplus revenue distributed by Act of Congress and made part of the common school fund by Act of the Legislature, March 4, 1837. The interest on the school fund proper and the surplus revenue shall be paid by the State annually at the rate of 6 per cent, and shall be distributed as provided by law. 211. On the first Monday in January, annually, the Auditor of .Public Accounts shall apportion to each county the common school fund, in proportion to the number of persons in each county under the age of 21 years, as ascertained from the next preceding State or federal census, and shall issue an order upon the county collector to pay to the county superintendent of schools the amount of such order out of the first funds collected by him and not otherwise appropriated by law, and take the county superintendent's receipt for the same. 212. The orders issued by the Auditor of Public Accounts for the common school fund shall be received by the State Treasurer in payment of amounts due the State from county collectors. On presentation of such orders the Auditor shall issue his warrants to the treasurer on the school fund for the amount of the school fund tax orders, and on the revenue fund for the amount of the orders for interest on the school fund proper and the surplus revenue. 213. If a collector shall fail or refuse to pay the amount of an auditor's order, or any part thereof, by the first day of March, annually, or as soon thereafter as it may be presented, the county superintendent 58 . shall begin an action for debt against the collector and his securities in any court having competent jurisdiction,, and unless it shall appear to the satisfaction of the court that on the first day of March,, or on the day of presentation of payment thereafter,, the collector had not collected funds sufficient to pay such order, interest at the rate of 12 per cent per annum upon the amount due shall be assessed as damages and included in the judgment against the collector. 214. On or before the 30th day of September of each year the county collectors,, county superintendents of schools, township collectors,, and all other persons paying money into the hands of school treasurers for school purposes, shall notify in writing the presidents of school trustees and the clerks of school directors of the amount paid into the treasurer's hands and the date of payment, 215. The county superintendent of schools shall apportion and distribute, under rules and regulations prescribed by the Superintendent oi Public Instruction, the principal of the county fund to the townships and parts. of townships in his county, accorumg to the number of persons under 21 years of age returned to him. The principal of the county fund so distributed shall be added to the principal of the township fund of the townships and parts of townships in his county. The interest, rents, issues and profits, arising and accruing from the principal of the county fund shall be distributed to the townships and parts of townships in his county, as required by the provisions of this Act. 216. All bonds, notes, mortgages, moneys and effects which have accrued or may accrue from the sale of the sixteenth section of the common school lands of any township, or from the sale of any real estate or other property taken on any judgment or for any debt due to the principal of any township fund, and all other funds of every description which have been or may be carried to and made part of the principal of any township fund, shall forever constitute the principal of the township fund; and no part thereof shall ever be distributed or expended for any purpose whatever, but shall be loaned and held to use, rent or profit, as provided by law. The interest, rents, issues and profits arising and accruing from the principal of any township fund shall be distrib- uted in the manner and at the times provided by this Act; nor shall any part of such interest, rents, issues and profits be carried to the principal of any township fund, unless it shall appear on the .first Monday in October in any year that there is rent, interest, issues, profits or other innds not required for distribution. In such case the amount not required for distribution may, in the discretion oi the trustees of schools, be added to the principal of the township fund and loaned as such. SCHOOL LANDS. 217. Section 16 in every township, and the sections and parts of sections granted in lieu of all or part of such section, and also the lands granted for the use of schools to the inhabitants of fractional townships in which there is no section 16, or in case such section shall not contain the proper proportion for the use of schools in such frac- tional townships, shall be held as common school lands; and the pro- visions of this Act referring to common school lands shall be deemed to apply to them. 218. All the business of a township, relating to common school lands shall be transacted in the county which contains all or the greater portion of such lands. 219. The trustees of schools in townships in which section sixteen, or other lands granted in lieu thereof, remain unsold, or which has title to any other school lands whatsoever, may rent or lease the same for an annual rent to be paid in money. The contract made by the president and clerk, under the direction of the trustees of schools, with the lessee or lessees, for the rent or lease of such lands, shall be in writing and shall be filed with the records of the board, and a copy transmitted to the county superintendent. In case of default in the payment of the rent, the trustees shall at once proceed to collect the same by distress, or otherwise, as may be provided by law for the collection of rents by land- lords. No lease taken under the provisions of this Act shall be for a longer period than five years, except when such lands are leased for the purpose of having permanent improvements made thereon, as in cities and villages. The provisions of this section shall not apply to cities having a population of over one hundred thousand inhabitants. 220. The trustees of schools of any township are hereby authorized to sell and convey to any railroad company a right of way across any school lands of such township, and necessary depot grounds. 221. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sapling or log standing or being upon any school lands, such person shall forfeit and pay, for every tree, sapling or log so felled, boxed, bored, destroyed or carried away, the sum of eight dollars, which penalty shall be recovered with costs of suit, by action of debt or assumpsit, before any justice of the peace, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by qui tarn action in the name of any person who will first sue for the same. One-half of the judgment secured in such action shall go to the person suing and the other half to the township. When two or more persons shall be concerned in the same trespass, they shall be jointly and sever- ally liable for the penalty herein 'imposed. 222. Every trespasser upon common school lands shall be liable to indictment, and, upon conviction, shall be fined three times the amount of the injury occasioned by the trespass, and shall stand com- mitted as in other cases of misdemeanor. 223. All penalties and fines collected under the provisions of the two preceding sections shall be paid to the township treasurer and be added to the principal of the township fund. 224. When the inhabitants of any township shall desire the sale of the common school lands of such township, they shall present to the county superintendent of the county in which the school lands of the township or the greater part thereof lie, a petition for their sale. Such petition shall be signed by at least two-thirds of the legal voters of the GO township. The petition must be signed in the presence of at least two adult citizens of the township, after the true meaning and purpose there- of have been explained; and an affidavit must be affixed thereto by the two citizens witnessing the signing, which affidavit shall state the num- ber of inhabitants in the township 21 years of age and over, and the petition so verified shall be delivered to the county superintendent for his action thereon. In townships having a population of more than 10,000 inhabitants, such petition shall be signed by at least one-tenth of the legal voters of the township, and delivered to the county superin- tendent at least fifteen days preceding the regular election of trustees, or the date of a special election which may be called for such purpose; and thereupon it shall be the duty of the county superintendent to notify the voters of such township that an election for or against the proposi- tion to sell common school lands of the township, or a portion thereof, will be held at the next regular election of trustees, or at a special elec- tion called for that purpose, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the date of such regular or special election, which notice may be in the following form, to wit : ELECTION FOB SALE OF COMMON SCHOOL LANDS. Notice is hereby given that on the day of 1. . ., an election will be held at for the purpose of voting "for" or "against" the proposition to sell common school lands of the township, to-wit: (here insert description of the lands). The polls will be opened at o'clock, ....m., and closed at o'clock, ...,m. A B County Superintendent. The ballots of such election shall be received and canvassed as in other elections provided for in this Act, and returns of the results thereof made to the county superintendent, and if two-thirds ol the vote upon such proposition shall have been cast in favor of the sale, the county superintendent shall act thereon. No section shall be sold in any town- ship containing fewer than 200 inhabitants; and common school lands in fractional townships may be sold when the number of inhabitants and the number of acres are in, or above, a ratio of 200 to 640, but not before. 225. Any fractional township not having the requisite number of inhabitants to petition for the sale of school lands, which has not hereto- fore been united with any township for school purposes, and which does not contain a sufficient number of inhabitants to maintain a free school, is hereby attached for school purposes, to the adjacent congressional township having the longest territorial line bordering on such fractional township, and all the provisions of this Act shall apply to such united townships the same as though they were one and the same township. 226. When the petition and affidavits are delivered to the county superintendent, he shall notify the trustees of the township, who shall immediately divide the land into tracts or lots, of such form and quan- tity as will produce the largest sum of money, and cause a plat of the same to be made with each lot numbered and defined so that its bound- aries mav be forever ascertained. Gl 227. In subdividing common school lands, no lot shall contain more than eighty acres, and the division may be into town or village lots, with roads, streets or alleys between them and through the same; and all such divisions are hereby declared legal and all such roads, streets and alleys, public highways. 228. After the school lands have been subdivided and platted, the trustees of schools shall fix the value of each lot, certify to the cor- rectness of the plat, stating in the certificate the value of each lot, and describing it so that it may be identified ; which plat and certificate shall be delivered to the county superintendent, and shall govern him in ad- vertising and selling such lands. 229. Upon receipt of the plat and certificate of valuation the county superintendent shall advertise the sale of such land in lots, as divided and platted, by posting notice thereof in at least six public places in the county forty days before the day of sale, describing the land and stating the time, place and terms of sale. Such notice shall also be printed each week for four weeks before the day of sale in a newspaper published in the county, and shall be in the following form, to wit: NOTICE OF SALE. Notice is hereby given that on the day of , Ivy is between the hours of 10:00 o'clock, a. m., and 6:00, p. m., the undersigned, superintendent of schools of county, will sell at public sale to the highest bidder, at the door of the court house in (or on the premises), the following described real estate, the same being a part of the school lands of township No , range No. , as divided, and platted by the trustees of schools of said township, to- wit: (Here insert full and complete description of said premises.) Said 1 lands will be sold for cash in hand, with the privilege to any purchaser of borrowing from the undersigned the whole or part of the payment of his bid, for not less than one nor more than five years, upon his paying interest and" giving security, as required in case of a loan obtained from the township fund. Dated this day of , 1. . . A B County Superintendent. 230. Upon the day of sale, the county superintendent shall pro- ceed to make sales as follows: He shall begin at the lowest numbered lot and proceed regularly to the highest numbered, until they are all sold or offered. No lot shall be sold for less than its valuation. The sale may continue from day to day. Each lot shall be sold separately, and offered long enough to enable any person present to bid who may desire to do so. 231. At the close of each day's sale the purchasers shall each pay or secure the payment of the purchase money. In case of a failure to do so by 10:00 o'clock the succeeding day, the lot purchased shall again be offered at public sale, on the same terms as before. 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 failure to make such payment, the county superintendent may forth- with institute an action of debt or assumpsit in his name, as superin- tendent, for the use of the inhabitants of the township where the land 62 lies, -for the required sum; and upon making proof, shall be entitled to judgment, with costs of suit which, when collected, shall be added to the principal of the township fund. 232. All lands not sold at public sale, as herein provided for, shall be subject to sale at any time hereafter, at the valuation; and the county superintendents are authorized and required, when in their power, to sell all such lands at private sale, upon the terms at which they were offered at public sale. 233. In all cases in which common school lands have been valued and have remained unsold for two years after having been offered for sale in conformity to this Act, the trustees of schools where such lands are situated may vacate the valuation thereof by an order to be entered in book A of the county superintendent, and cause a new valuation to be made, if in their opinion, the interests of the township will be pro- moted thereby. They shall make the second valuation in the same man- ner as the first, and shall deliver to the county superintendent a plat of the land at such second valuation, with the order of vacation, to be entered, as aforesaid; whereupon the county superintendent shall offer the land for sale, as if no former valuation had been made. The second valuation may be made by the trustees of schools without a petition. ' 234. Upon the completion of every sale the county superintendent shall deliver to the purchaser a certificate of purchase including the name and residence of the purchaser and the price and description of the land. 235. Every purchaser of common school lands shall be entitled to a patent from the State, conveying and assuring the title. Patents shall be issued by the Auditor of Public Accounts from returns made to him by the county superintendent. They shall contain a description of the land granted, and shall be in the name of and signed by the Gover- nor, countersigned by the Auditor, with the great seal of State affixed thereto by the Secretary of State, and shall operate to vest in the pur- chaser a perfect title in fee simple. When patents are executed as herein required, the Auditor shall note on the list of sales the date of each patent, in such manner as to perpetuate the evidence of its date and deliverjr, and thereupon transmit the same to the county superintendent of the proper county, to be by him delivered to the patentee, his heirs or assigns, upon the return of the original certificate of purchase, which certificate, when returned, shall be filed and preserved by the county superintendent; and all such patents so issued by the State for school lands, or duly certified copies thereof from any record legally made, shall, after a lapse of ten years from the date of such patent, and such sale having been ecquiesced in for ten years by the inhabitants of the township in which the land so conveyed may be situated, be conclusive evidence as to the legality of the sale, and that the title to such land was, at the date of the patent, legally vested in the patentee. 236. Purchasers of common school lands, and their heirs or as- signs, may obtain certified copies of certificates of purchase and patents, upon filing affidavit with the county superintendent in respect to certifi- cates, and with the auditor in respect to patents, proving the loss or de- struction of the originals ; and such copies shall have the force and effect of originals. 237. The trustees of schools are hereby authorized to dedicate to public use, for street and highway purposes, as much of the unimproved common school lands as may be necessary to open or extend any street or highway which may be ordered by the municipal authorities to be opened or extended, if they shall be of the opinion that the benefit to accrue from the opening or extending of such street or highway will compensate for the strip so dedicated. It shall not be lawful for any street or other railroad to lay tracks on any strip of the common school lands so dedicated, or use the same or any part thereof for railroad or street railroad purposes, except upon the purchase or lease of the land from the proper authorities, or upon payment to the school fund of the township of the value of such use or land, the same as if no street or highway had been laid out thereon, to be determined by condemnation proceedings. This section shall not in any way affect existing leases or contracts for the lease or purchase of common school lands. FINES, FORFEITURES AND PENALTIES. 238. All fines, forfeitures and penalties imposed or incurred in any of the courts of record, or before any justice of the peace of the State, except fines, forfeitures and penalties incurred or imposed in in- corporated towns or cities for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the county superintendent of schools of the county wherein such fines, forfeitures or penalties have been imposed or incurred, and the county superintendent of schools shall give his receipt therefor to the person from whom such fine, for- feiture Or penalty was received. 23,9. It shall be the duty of the State's attorneys ot the several counties to enforce the collection of all fines, forfeitures and penalties imposed or incurred in the courts of record of their respective counties, and to pay the same to the county superintendent of the county wherein the same have been imposed or incurred, retaining therefrom the fees and commissions allowed them by law. 240. It shall be the duty of the justices of the peace to enforce the collection of all fines, forfeitures and penalties imposed by them; and to pay the same to the county superiitendent of the county in which the same were imposed. 241. Clerks of courts of record, State's attorneys and all justices of the peace shall report, under oath, to the county court of their respec- tive counties, by the first of March, annually, the amount of such fines, forfeitures and penalties imposed or incurred in their respective courts, and the amount of such fines, forfeitures and penalties collected by them, giving each item separately; and if any such officer has collected no such fines, forfeitures or penalties he shall make affidavit to such fact, and file the same with the county superintendent. The judges of the county court shall inspect the said reports, and may hear evidence thereon, and if found correct and truthful, shall enter an order approv- 64 ing such, report, and directing that any moneys in the hands of such officers so reporting shall be paid over to the superintendent of schools. If the court shall not approve such report, he may order another one to be made, and upon a failure to comply with the order of the court, or to make a satisfactory report, the court may state an account and enter an order to pay over, as herein provided. The court, for all pur- poses for carrying out the provisions of this section, shall have power to examine books and papers as provided in section 240 of this Act, and shall have power to issue subpcenas for both books and persons. No- report shall be approved until the court shall have given the superin- tendent five days 7 notice of the same, and the superintendent shall be allowed to inspect the report, and may be heard by the court concerning the same. The officers charged with the collection of fines, forfeitures and penalties, the said clerks, State's attorneys and justices of the peace, for a failure to make such report, shall be liable to a fine of twenty-five dollars for each offense, such fine to be recovered in a civil action, before any court, at the suit of the county superintendent of schools of the proper county. 242. For a failure to pay any fine, forfeiture or penalty, on. demand, to the person who is by law authorized to receive the same, the officer or person having collected the same, or having the same in his possession or control, shall forfeit and' pay double the amount of such fine, forfeiture or penalty, to be recovered before any court having jurisdiction thereof, in a qui tarn action, one-half to be paid to the informer and one-half to the distributive fund of the proper county. 243. In case any clerk of a court of record, State's attorney or justice of- the peace shall fail to make the report provided for in section 238 of this Act, the county court shall have power, and it is hereby made the duty of the judge of said court, to examine all records pertaining to the office of such delinquent officer and enforce the payment of whatever sum may be found due the school fund from such delinquent officer. For the purpose of making such examination, the county court shall -have the right to call for any paper or papers, docket, fee book or other record belonging to the office of such delinquent officer, and in case such delinquent officer fails or refuses to furnish such paper, docket, fee book or other record for the inspection or use of such county court, he shall forfeit the sum of one hundred dollars, to be recovered in an action jf debt or assumpsit, before any court of this State having jurisdiction of the actions of debt and assumpsit, and such penalty, when collected, shall be paid into the distributive fund of the proper county. LIABILITY OF SCHOOL OFFICERS. 244. When the county superintendent of schools of any county shall notify the trustees of schools of a township, in writing, that the notes, bonds, mortgages or other evidences of indebtedness which have been taken officially by the township treasurer, are not in proper form, or that the securities which he has taken are insufficient, it shall be the duty of the trustees to take at once such action as may be necessary to protect the property or fund of the township and the district. For a 65 failure or rerusal to take such action within twenty (lays after such notice, the trustees of schools, each in his individual capacity, shall be liable to a fine of not less than twenty-five nor more than one hundred dollars, to be recovered before any justice of the peace, or information in the name of the People of the State of Illinois, provided such insuffi- ciency is proven, and, when collected, such fine shall be paid to the county superintendent of the proper county for the use of the schools. The payment of this fine shall not relieve the board of trustees from any civil liability they may have incurred from such neglect of duty. 245. When a change shall be made in the boundaries of a school district, and a written statement of such change shall be delivered to the county clerk, it shall be the duty of the county clerk to file such statement and all papers relating thereto and record them. And in case of a neglect or failure to do so the said county clerk shall be liable to a penalty of twenty-five dollars, to be recovered by an action of debt, before any justice of the peace, at the suit of the county superintendent, for the benefit of the school fund of the county. 246. Trustees of schools shall be liable, jointly and severally, for the sufficiency of securities taken from township treasurers; and in case of judgment against any treasurer and his securities for or on account of any default of such treasurer, on which the money shall not be made for want of sufficient property whereon to levy execution, action on the case may be maintained against the trustees, jointly and severally, and the amount not collected on the judgment shall be recovered with costs of suit from such trustees. If the trustees can show, satisfactorily, that the security taken from the treasurer, was, at the time it was taken, good and sufficient, they shall not be liable. 247. If the trustees of schools shall fail to observe the provisions of this Act in reference to the distribution of funds and property when a new district is formed, they shall be individually and jointly liable to the district interested, in an action on the case, to the full amount of the damages sustained by the district aggrieved. When trustees have heretofore failed to make the distribution of property to districts, as provided by this Act, the district interested in such distribution may, by its directors, request the trustees in writing to make such distribu- tion; and the trustees shall make it in the manner prescribed, and shall be liable, as herein stated, for the neglect or failure to do so. 248. The clerk of any board of trustees who shall fail, neglect or refuse to perform the duties imposed upon him by this Act, within the time or in the manner prescribed, shall, for each offense, forfeit not less than ten dollars, nor more than twenty-five dollars, of his pay as clerk of the trustees of schools and township treasurer, which forfeiture shall be enforced by the trustees. 249. For a failure on the part of the treasurer, clerk of any board of directors, or any director, to comply with any of the requirements of this Act, he shall be liable to a penalty of not less than $5.00 nor more than $50.00, to be recovered before any justice of the peace of the county in which the offense is committed. SSL 66 250. For any failure or refusal to perform all the duties required of the township treasurer by law, he shall be liable to the trustees of schools, upon his official bond, for all damages sustained, to be recovered by action of debt by the trustees for the use of the township, before any court having jurisdiction of the amount of damages claimed; but if the treasurer, in any failure or refusal, acted under and in conformity to a requisition or order of the trustees of schools, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the trustees of schools or those voting for such requisition or order, and not the treasurer, shall be liable, jointly and severally, to the inhabitants of the township for such damages, to be recovered by an action of assumpsit in the official name of the county superintendent of schools, for the use of the townships : Provided, how- ever, that the township treasurer shall be liable for any part of the judgment obtained against the trustees of schools which cannot be col- lected on account of their insolvency. 251. If judgment shall be obtained against any trustee of schools or directors, the party entitled to the benefit of such judgment may have execution therefor as follows: The court in which such judgment shall be obtained, or to which such judgment may be removed by transcript or appeal from a justice of the peace, or other court, shall issue 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 such judgment, out of any moneys of such township or district unappropriated, or if there be no such moneys, out of the first moneys applicable to the payment of the kind of services or indebtedness for which such judgment shall be obtained, which shall be received for the use of such township or district, and to enforce obedience to such writ by attachment, or by mandamus, requiring such board to levy a tax for the payment of such judgment; and all legal processes, as well as writs to enforce payment, shall be served either on the president or the clerk of the board. 252. Trustees of schools, or either of them, failing or refusing to make returns of children in their township 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 $10.00 nor more than $100.00, to be recovered by an action of assumpsit before any justice of the peace of the county; which penalty, when collected, shall be added to the distributive fund of the township in which the trustees reside. 253, If the judges of a school election called for any legal pur- pose snail fail or neglect to deliver a copy of the poll book of any such election, with a certificate thereon showing the results of such election, to the officer to whom such return shall be made, within ten days after such election, they shall be severally liable to a penalty of not less than $25.00 nor more than $100.00, to be recovered in the name of the People of the State of Illinois, by an action of debt before any justice of the peace of the county. The penalty, when collected, shall be added to the distributive fund of the township. 67 254. If the school directors of any district in this State shall fail to examine and deliver to the township treasurer on or before the seventh day of July, annually, all teachers' schedules made and certified as required by law, and covering the time taught during the school year ending June 30, they shall be personally liable to the district for any and all loss sustained by it through their failure to do so. 255. Any director who shall be interested in a contract made by the board of which he is a member shall be liable to indictment, and upon conviction shall be fined in a sum not less than $25.00 and not more than $500.00, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. 256. For any failure to comply with the requisitions of section 97 of this Act, the treasurer or other person neglecting or refusing shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained, to be recovered in an action of debt before any justice of the peace, for the benefit of the distributive fund of such township: Pro- vided, however., that the obtaining or payment of such judgment shall in no wise discharge or diminish the obligations of the persons signing the official bond of such township treasurer. 257. If any county superintendent, trustee of schools, township treasurer, director or any other person entrusted with the care, control, management or disposition of any school, college, seminary or township fund for the use of any county, township, district or school, shall con- vert such funds, or any part thereof, to his own use, he shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than double the amount of money converted to. his own use, and impris- oned in the county jail not less than one nor more than twelve months, at the discretion of the court. 258. The real estate of county superintendents, of township treas- urers, and all other school officers, and of the securities of each of them, shall be bound for the satisfaction and payment of all claims and demands against such superintendents, treasurers and other school 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 superintendent, treasurer or other officer or security, shall defeat the lien created by this section, but all and singular such real estate held, owned or claimed, shall be liable to be sold in satisfaction of any judgment which may be obtained in such actions or suits. 259. If any county superintendent, trustee, director, or other offi- cer whose duty it is, shall negligently or wilfully fail or refuse to make, furnish or communicate 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 provisions of this Act, he shall be liable to a fine of not less than $25.00, to be recovered before any justice of the peace at the suit of any person, on information in the name of the People of the State of Illinois, and when collected, the fine shall be paid to the county superintendent of schools. 68 260. No State, county, township or district school officer or teacher shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this State with which such officer or teacher may be connected; and for offending against the provisions of this section such State, county, township or district school officer or teacher shall be liable to indictment, and upon conviction shall be fined not less than twenty-five nor more than five hundred dollars, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. 261. Any school officer or officers, or any other person, who shall exclude or aid in excluding from the public schools, on account of color, any child who is entitled to the benefits of such school, shall be fined, upon conviction, not less than five nor more than one hundred dollars. 262. Any person who shall, by threats, menace or intimidation, prevent any colored child entitled to attend a public school in this State from attending such school shall, upon conviction, be fined not exceeding $25.00. 263. No county, city, town, township, school district or other public corporation shall make any appropriation, or pay from any school fund whatever, anything in aid of any church or sectarian purpose, or to support or sustain any school, academy, seminary, college, university or other literary or scientific institution controlled by any church or sectarian denomination whatever; nor shall any grant or donation of money, or other personal property, be made by any such corporation to any church or for any sectarian purpose. Any officer, or other person having under his charge or direction school funds or property, who shall pervert the same in the manner forbidden in this section shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than double the value of the property so perverted, and imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. 264. County superintendents, trustees of schools, township treas- urers and directors, or either of them, or any other officer having charge of school funds or property, shall be pecuniarily responsible for all losses sustained by any county or township fund, by reason of any failure on his or their part to perform the duties required of him or them by the provisions of this Act, or by any rule or regulation authorized to be made by the provisions of this Act, and each and every one of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount of such loss may be recovered in a civil action brought in any court having jurisdiction thereof, at the suit of the State of Illinois, for the use of the county, township or fund injured ; the amount of the judgment obtained in such suit shall, when collected, be paid to the proper officer for the benefit of the county, township or fund injured. MISCELLANEOUS. 265. All school officers elected in pursuance of any general law now in force shall hold their respective offices until their successors are elected and qualified under the provisions of this Act. 266. Trustees of schools, school directors or other school officers performing like duties, shall receive no pecuniary compensation, but they shall be exempt from road labor and military duty during their term of office. 267. No justice of the peace, constable, clerk of any court, sheriff or coroner shall charge any costs in any suit in which any school officer, school corporation or any agent of any school fund, suing for the recovery of the same, or any interest due thereon, is plaintiff and shall be unsuc- cessful in such suit; nor in case the costs -cannot be recovered from the defendant by reason of the insolvency of such defendant. 268. No person shall vote at any school election held under the provisions of this Act who does not possess the qualifications of a voter at a general election. 269. Any woman who has attained the age of 21 years, and who possesses the qualifications prescribed, shall be eligible to any office under the general or special school laws of this State. 270. Any woman who is a citizen and has attained the age of 21 years, who shall have resided in the State one year, in the county ninety days and in the election district thirty days preceding any election held for the purpose of choosing any school officer under the general or special school laws- of this State, shall be entitled to vote at such election, when registered in the manner provided by law. If the election of school officers shall occur at the time other public officers are elected, the ballot offered by any woman shall contain only the names of candidates for school officers. Such ballots shall be deposited in a separate ballot box, but canvassed with other ballots cast for school officers at such election. 271. The Governor shall, annually, in the spring, designate by official proclamation, a day or days to be known as "Arbor and Bird day," to be observed throughout the State as a day for planting trees, shrubs and vines about the homes and along highways, and about public grounds within this State, and as a day on which to hold appropriate exercises in the public schools and elsewhere, tending to show the value of trees and birds and the necessity for their protection. 272. The proceedings of the State Teachers' Association, when approved by the Superintendent of Public Instruction, shall be printed and bound by the Secretary of State, on the same terms as the proceed- ings of State boards, and the Auditor of Public Accounts shall draw his warrant therefor on the State Treasurer to be paid out of the appro- priation for printing, upon a voucher properly certified by the Board of Commissioners of State Contracts. 273. The nature of alcoholic drinks and other narcotics and their effects on the human system .shall be taught in connection with the various divisions of physiology and hygiene, as thoroughly a.s are other branches, in all schools under State control, or supported wholly or in part by public money, and also in all schools connected with reformatory institutions. All pupils- in the above mentioned schools, below the ?econd year of the high school and above the third year of school work, computing from the beginning of the lowest primary year, or in cor- 70 responding classes of ungraded schools, shall be taught and shall study this subject every year from suitable text books in the hands of all pupils, for not less than four lessons a week for ten or more weeks of each year, and must pass the same tests in this as in other studies. In all schools above mentioned all pupils in the lowest three primary school 3 r ears, or in corresponding classes in ungraded schools, shall each year be instructed in this subject orally for not less than three lessons a week for ten weeks in each year, by teachers using text books adapted for such oral instruction as a guide and standard. The local school authorities shall provide needed facilities and definite time and place for this branch in the regular courses of study. The text books in the pupils' hands shall be graded to the capacity of the fourth year, intermediate, grammar and high school pupils, or to corresponding classes as found in ungraded schools. For students below high school grade such text books shall give at least one-fifth their space, and for students of high school grade shall give not less than twenty pages, to the nature and effects of alcoholic drinks and other narcotics. The pages on th'is subject, in a separate chapter at the end of the book, shall not be counted in determining the minimum. In all normal schools, teachers' training classes and teachers' institutes, adequate time and attention shall be given to instruction in the best method of teaching this branch, and no teacher shall be licensed who has not passed a satisfactory examination in this subject and the best methods . of teaching it. Any school officer or officers who shall neglect or fail to comply with the provisions of this section shall forfeit and pay for each offense the sum of not less than five dollars nor more than twenty-five dollars. 274. Every person having control of any child between the ages of seven and sixteen years, shall annually cause such child to attend some public or private school for the entire time during which the school at- tended is in session, which shall not be less than six months of actual teaching: Provided, Tiowever, that this Act shall not apply in case the child has been or is being instructed for a like period in each and every year in the elementary branches of education by a person or persons competent to give such instruction, or in case the child's physical or mental condition renders his or her attendance impracticable or inex- pedient, or in case the child is excused for temporary absence for cause by the principal or teacher of the school which said child attends, or in case the child is between the ages of fourteen and sixteen years and is necessarily and lawfully employed during the hours when the public school is in session. For every neglect of the duty prescribed by this section, the person so offending shall forfeit to the use of the public schools of the city, town or district, in which such child resides, a sum not less than five dollars nor more than twenty dollars and costs of suit, and shall stand committed until such fine and costs of suit are paid. 275. The board of education or the board of school directors, as the case may be, shall appoint at the time of election of teachers one or more truant officers whose duty it shall be to report all violations of the preceding section to the board of education or board of directors and to 71 enter complaint against and prosecute all persons who shall appear to be guilty of such violation. It shall also be the duty of the truant officer to arrest any child of school going age that habitually haunts public places and has no lawful occupation, and also any truant child who absents himself or herself from school, and to place him or her in charge of the teacher having charge of any school which said child is by law entitled to attend, and which school shall be designated to said officer by the parent, guardian or person having control of said child. In case such parent, guardian or person shall designate a school without making or having made arrangements for the reception of said child in the school so designated, or in case he refuses or fails to designate any school, then such truant officer shall place such child in charge of the teacher of the public school. And it shall be the duty of said teacher to assign said child to the proper class and to instruct him or her in such studies as he or she is fitted to pursue. The truant officer so appointed shall be entitled to such compensation for services rendered under this Act as shall be determined by the board appointing him, which compensation shall be paid from the distributive fund of the district: Provided, however, that nothing herein shall prevent the parent, guardian or per- son having charge of such truant child, which has been placed in any school by the truant officer, to send said child to any other school which said child is by law entitled to attend. Any person having control of a child, who, with intent to evade the provisions of this section, shall make a false statement concerning the age or the employment of such child or the time such child has attended school, shall for such offense forfeit a sum of not less than three dollars nor more than twenty dollars for the use of the public schools of the district. 276. This Act shall not be construed so as to repeal or change, in any respect, any special Act in relation to schools in cities having a population of fewer than 100,000 inhabitants, or cities, townships or districts, except that in every such city, township or district the limit of taxation for educational and building purposes shall be the same as that fixed in section 189 of this Act; and except that it shall be the duty of the several boards of education or other officers of any city, township or district, having in charge schools under the provisions of any special Act or Acts, on or before the 15th day of July preceding each session of the General Assembly of this State, or annually, if required so to do by the Superintendent of Public Instruction, to report statistics and other information relating to schools, and the enumeration of persons as required of trustees of schools or directors, under the provisions of this Act, or so much thereof as may be applicable to such city, township or district, to the county superintendent of the county in which such city, township or district is situated; nor shall it be lawful for the county superintendent, 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 city, town- ship or district, unless a report of the number of persons, and other sta- tistics relating to schools, arid such other information as may be required 72 by the trustees of schools or school directors, and other school officers and teachers, under the provisions of this Act, shall have. been filed with the superintendent of the proper county. 227. An Act to establish and maintain a system of free schools, approved May 21, 1889, as amended, is hereby repealed. 278. WHEREAS, An emergency exists, this Act shall take effect, from and after its passage. APPROVED June 12, 1909. FEES AND SALARIES. AN ACT concerning fees and salaries, and to classify the several coun- ties of this State with reference thereto. 27. County superintendents elected hereafter shall receive for their services in counties which, according to the census of 1900, contained a population not exceeding 12,000, $1,250 per annum; in counties which, according to the census of 1900, contained a population of more than 12,000 and not exceeding 20,000, $1,500 per annum; in counties which, according to the census of 1900, contained a population of more than 20,000 and not exceeding 28,000, $1,800 per annum; in counties which, according to the census of 1900, contained a population of more than 28,000 and not exceeding 36,000, $2,000 per annum; in counties which, according to the census of 1900, contained a population of more than -36,000 and not exceeding 50,000, $2,250 per annum; in counties which, according to the census of 1900, contained a population of more than 50,000 and not exceeding 75,000, $2,500 per annum; in counties which, according to the census of 1900, contained a population of more than 75,000 and not exceeding 100,000, $2,750 per annum, and in counties which, according to the census of 1900, contained a population of more than 100,000, $7,500 per annum, payable quarterly from the State School Fund : Provided, however, that the board of supervisors or board of county commissioners may allow additional compensation for such services, payable quarterly from the county treasury. The Auditor in making his warrant to any county for the amount due it from the State School Fund, shall deduct from it, the several amounts for which war- rants have been issued to the county superintendent of said county, since the preceding apportionment of the State School Fund. APPROVED June 12,, 1909. HUMANE INSTRUCTION. AN ACT to provide for moral and humane education in the public schools and to prohibit certain practices inimical thereto. SECTION 1. Be it enacted ~by the People of the State of Illinois rep- resented in the General Assembly: That it shall be the duty of every teacher of a public school in this State to teach to all the pupils thereof honesty, kindness, justice and moral courage for the purpose of lessen- ing crime and raising the standard of good citizenship. 74 2. In every public school within this State not less than one-half hour of each week, during the whole of each term of school, shall be de- voted to teaching the pupils thereof kindness and justice to and humane treatment and protection of birds and animals, and the important part they fulfill in the economy of nature. It shall be optional with each teacher whether it shall be a consecutive half-hour or a few minutes daily, or whether such teaching shall be through humane reading, daily incidents, stories, personal example or in connection with nature-story. 3. No experiment upon any living creature for the purpose of demonstration in any study shall be made in any public school of this State. No animal provided by, nor killed in the presence of any pupil of a public school, shall be used for dissection in such school, and in no case shall dogs or cats be killed for such purposes. Dissection of dead animals, or any parts thereof, shall be confined to the class room and shall not be practiced in the presence of any pupil not engaged in the study to be illustrated thereby. 4. The Superintendent of Public Instruction of this State and the committee in charge of preparing the program for each annual meeting of the Illinois State Teachers' Association shall include therein moral and humane education. The superintendent of schools of each county and of each city shall include once each year moral and humane educa- tion in the program of the teachers' institute which is held under his or her supervision. 5. The principal or teacher of each public school shall state briefly in each of his or her monthly reports whether the provisions of this Act have been complied with in the school under his or her control. No teacher who knowingly violates any provision of sections 1, 2 or 3 of this Act shall be entitled to receive more than 95 per cent of the public school moneys that would otherwise be due for services for the month in which such provision shall be violated. This Act shall apply to com- mon schools only and shall not be construed as requiring religious or sectarian teaching. APPROVED June 14, 1909. SCHOOL TEXT BOOKS. AN ACT in relation to the adoption, use and price of public school text books in the free public schools of this State. SECTION 1. Be it enacted by the People of the State of Illinois rep- resented in the General Assembly: That the publisher of any text book who desires to offer the same for sale for use in the public schools of this State shall file two official sample copies of said text book in the office of the Superintendent of Public Instruction, together ( /ith the list price and the wholesale and retail prices at which the said text book is to be offered for sale in this State. The said publisher shall also file with the Superintendent of Public Instruction a written agreement to furnish said text book at the wholesale price so filed to the directors of any public school district, or to any board of education, or to any mer- 75 chant, or dealer, and at the retail price so filed to any patron of the public schools; the said written agreement shall contain the further guarantee that all books offered for sale and sold in this State shall correspond to the official sample copies deposited with the Superintend- ent of Public Instruction, and shall be equal in quality to said official sample copies as regards text, paper, binding, printing, illustration and all other points affecting the educational and commercial value of said text books. For every text book deposited with the Superintendent of Public Instruction, the publisher shall pay to the State treasury a fee of $10.00, to constitute a fund to be used by the Superintendent of Pub- lic Instruction to defray the expenses of printing and distributing lists of accredited text books and information relating thereto, and for other expenses incident to the filing and listing of text books, and the licens- ing of publishers, as hereinafter provided: Provided, always, that the Superintendent of Public Instruction shall not in any case license any publisher, and no directors of any school district or any board of educa- tion shall contract with any publisher or publishers for the furnishing of any public school text book or text books which shall be sold at retail prices to patrons, for use in the public schools in this State, at a price or prices above, or in excess of, the following prices, which shall include all charges whatsoever: Primer fifteen (15) cents First reader fifteen (15) cents Second reader twenty (20) cents Third reader twenty-five (25) cents Fourth reader thirty (30) cents Fifth reader thirty-five (35) cents Spelling book fifteen (15) cents Elementary arithmetic thirty (30) cents Complete arithmetic forty-five (45) cents Elementary geography thirty-five (35) cents Elementary English grammar twenty-five (25) cents Slementary English grammar twenty-five (25) cents Complete English grammar forty (40) cents Complete physiology fifty (50) cents Elementary United States history forty (40) cents Complete United States history seventy (70) cents Physical geography eighty (80) cents Copy book five (5) cents Civics book fifty (50) cents 2. At the time of the filing by the publisher of the official sample copies, prices, agreements and statements provided for in the preceding section, the said publisher shall file at the office of the Superintendent of Public Instruction a sworn statement to the effect that he has no understanding, agreement or arrangement of any kind whatsoever with any other publisher, . or any interest in the business of any other pub- lisher, with the effect, design, or intent to control the prices of school text books or to restrict competition in the adoption or sale thereof in this State. Before having the authority to sell text books in this State the publishers thereof shall file at the office of the Superintendent of Public Instruction a sworn statement showing the ownership of said publishing house, with the interest, names and addresses of all owners 76 or persons interested therein, and specifically stating whether said pub- lisher, or the owner of any interest or share or the recipient of any of the profits of such publishing house is the owner of any interest or share in or the recipient of any profits of any other publishing house, and if so, giving the name and address thereof. 3. When any school text book has been deposited with the Super- intendent of Public Instruction, the fee paid, the agreement made, and the, other provisions of this Act complied with, said publisher shall file with the Superintendent of Public Instruction a bond in the penal sum of five thousand dollars ($5,000), guaranteeing a compliance with the agreement filed with said text book, and the payment of any damages which may accrue on the violation thereof, and the Superintendent of Public Instruction shall thereupon cause the said text book to be entered upon the list of school text books permitted to be used in the pub- lic schools of the State, and the Superintendent of Public Instruc- tion shall further issue a license to the said publisher to sell said text book for use in the public schools of this State. If in any case the said publisher shall violate in any particular the agreement so filed with the said text book, or shall furnish books inferior in quality to the sam- ple deposited with the Superintendent of Public Instruction, or shall demand, charge or accept higher prices than the prices agreed upon, said publisher shall be liable for each such act to a penalty in the sum of $2,000, to be recovered in a suit on said bond brought by the Attorney General in the name of the State. 4. If at any time any publisher of school text books shall enter into any pool, understanding, agreement or combination to control the prices, or restrict competition in the adoption or sale of public school text books in this State, or if the statements required of and made by said publisher are untrue in any matter, or if said publisher, or his agent, or 'represen- tative shall give, or offer to give directly or indirectly, to any public school officer, or teacher, any money, gift, property, position, remunera- tive work, or favor of any kind whatsoever to induce the adoption or purchase of the public school text books of said publisher, or to bring about the rejection of the school text books of another publisher, then his license shall be revoked by the Superintendent of Public Instruction, and his school text books omitted from the list of licensed school text books, and all contracts with said publisher may be nullified at the option of the other parties thereto. 5. The Superintendent of Public Instruction shall during the month of February each year furnish each county superintendent of schools and each board of school directors and board of education in the State a list of the publishers who have conformed to the requirements of this Act, with a list and description of the school text books which have been accredited, with the list prices, and the wholesale and retail prices of said books. Before entering into any contract with any board of education or board of directors, the publishers shall furnish the county superintendent of schools and the secretary of the board of edu- cation or board of directors in whose jurisdiction the contract is sought with a duplicate printed list of the school text books filed by him with the Superintendent of Public Instruction, together with the list of prices 77 and the lowest wholesale and retail prices shown on the statement filed therewith, with samples of the school text books in said list referred to and said lists and samples shall be preserved as a part of the records of the secretary of the said board of education or board of directors, together with the bid of the publisher, to be delivered by the secretary to his successor, and shall be kept in such safe and convenient manner as to be at all times open to the inspection of school officers, school teachers, and school patrons who may desire to examine the same, or to compare them with others. The board of education or board of directors may require any person or persons with whom they may contract for furnishing text books to enter into a good and sufficient bond, in such sum and under such conditions and sureties as may be required by such board, for the faithful performance of any such contract. 6. Before adopting for use in the public schools under their respec- tive jurisdictions any school text books under the provisions of this Act, it shall be the duty of each board of education or board of directors to advertise for bids by publishing a notice once a week for three con- secutive weeks in one or more newspapers of general circulation published in the city or district; said notice shall state the time up to which said bids will be received, the time at which they will be opened, which must be at an open meeting of the board of education or board of directors; said notice shall also state the classes and grades for which the text books are to be bought, and the approximate quantity needed; and the said board shall award the contract for said text books to any respon- sible bidder or bidders offering suitable licensed text books at the lowest prices, taking into consideration the quality of the material used, illus- trations, binding, printing, authorship, and all other things that go to make up a desirable text book : Provided, that the said board may reject any and all bids, or any part thereof, and re-advertise therefor, as above provided. 7. It shall be a part of the terms and conditions of every contract made in pursuance of this Act that the State of Illinois, or any board of education or directors, shall not be liable to any contractor hereunder for any sum whatever; but all such contractors shall receive their com- pensation solely and exclusively from the proceeds of the sale of the books, as provided by this Act. 8. Any publisher, merchant, dealer or other person or persons who shall directly or indirectly demand or receive any money for any school text book or books in excess of the prices for such book or books filed with the Superintendent of Public Instruction, as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five nor more than five hundred dollars, to which may be added imprisonment in the county jail for a term not exceeding sixty days. 9. Text books shall not be changed more often than once in five years. Text books shall not be changed in the middle of a school year, but all changes shall go into effect at the beginning of the first term of school after the summer vacation. 78 10. In the adoption of school text books, it shall be the duty of the .board of education or the board of directors to take into consider- ation the text books then in use in the public schools in their respective districts, and in making contracts for a change of books they shall require publishers or contractors to take up in part exchange the books then in use for at least fifty per cent of the original price paid by the pupil for the books. FILED June 16, 1909. INDEX. ACCOUNTS Page. Sec. Of superintendents 6 10 Of township treasurers - 21 70 Examined by county superintendents 8 15 Statement of : 24 82 Subject to inspection 21 70 With school districts 23 79 ACTIONS, CIVIL Against collectors of taxes 53 194 County board 56 207 Purchaser of school lands 61 231 Township treasurer 66 250 Township trustees 6 12 To recover interest. . / 23 74 ACTIONS, CRIMINAL Against school officers 67 257 ADVERTISEMENTS Sale of school houses 13 40 Lands 61 229 Sites 13 40 AGE Compulsory school 70 274 Kindergarten school 34 115 School 32 114 APPARATUS May be purchased, when 33 115 APPEALS From county superintendent 10 17 From trustees of schools 17 55 APPORTIONMENT By auditor 57 211 By county superintendent 7 14 By trustees of schools . 12 35 APPRAISERS Appointed, when 19 65 ASSESSOR To designate number of district 53 192 ASSISTANT Appointment of 9 16 Compensation of 56 207 ASSOCIATION, STATE TEACHERS' Proceedings of . 69 272 80 Page. Sec, AUDITOR OF PUBLIC ACCOUNTS To apportion funds 57 211 To issue patent 62 23& To issue warrants 57 212 To withold funds, when 5 4 BOARD OF EDUCATION Conveyances made on written lequest 37 127 Duties of 36 127 Election of 35 123 How conducted 35 126 When held 30 106 Notice of election 30 107 Failure to give 31 107 Powers of 36 127 When exercised 31 111 Yeas and nays, when necessary 31 112 BOARD OF EDUCATION, CHICAGO Appointment of 37 12$ Duties of 38 134 Eligibility 37 129 Powers of 38 133 Powers of, the council concurring 37 132 President of, appointed 37 130 Secretary of, appointed 37 130 BOARD OF EDUCATION, TOWNSHIP Election of 25 86 Organization of 25 86 Powers of 27 91 Vacancy in 25 86 BONDS, OFFICIAL Superintendent's, county 5 6 Approval of 5 6 Custodian of 6 6 Form of 5 6 Superintendent's, State 3 2 Approval of Custodian of 3 2 Treasurer's, township 20 68 Approval of 20 6S Custodian of 20 68 Form of 20 68 BONDS. SCHOOL Election for 54 19* How conducted 54 199 Notice of election 54 198 Form of 54 198 Poll-book 54 200 Return of 54 200 Refunding 55 201 Registration 54 196 BOUNDARIES, DISTRICT How changed 14 In certain districts 15 4S BRANCHES OF STUDY Prescribed by directors 32 Required by statute 49 17 ^ 81 CENSUS, SCHOOL Pag6 ' SeC ' By directors 13 35 By county superintendent 6 12 By trustees of schools 13 35 CERTIFICATES, COUNTY Age of applicant 43 176 Essential, when 48 176 Examination for, when held 49 igo Fee for examination 49 igo Transmitted to county treasurer 49 132 Form of 48 178 Record of 9 15 Renewal of 49 173 Revocation of 49 173 CERTIFICATES, STATE Examination for 48 177 Registration fee 48 177 Suspension of 4 3 Valid when and where 48 177 CERTIFICATE OF LEVY Form of 52 190 Return of 52 190 CHARTER DISTRICTS. SPECIAL Annual reports of 71 276 Boundaries changed, how 15 48 Discontinued, how 15 51 Elections in, when held o 12b Funds of, how invested 22 72 Referred to 30 103 Referred to 35 124 Reports of 71 276 Revenues of 71 276 CHILDREN Crippled, classes for 33 115 Deaf, classes for 33 115 CLERK, DISTRICT Appointed 1 31 110 Compensation 33 115 Duties 31 112 Report of 32 113 COLLECTOR, COUNTY Duty to notify directors 58 214 To pay auditor's order 57 211 COLLECTOR, TOWN Duty to pay taxes, when 53 193 Liability . 53 194 COLLEGES Duty to make report 5 4 COLORED CHILDREN Exclusion of, penalty for 68 261 Intimidation of, penalty for 68 262 COMPENSATION Assistant superintendent 56 207 County superintendent : 73 27 District clerk 33 115 Other officers 69 266 Township treasurer 21 69 -6 S L Page. Sec. COMPULSORY ATTENDANCE LAW Age of child subject to 70 274 Exemptions 70 274 Truant officer appointed 70 275 Duties of 71 2715 Penalty for violation of 70 274 CONDEMNATION Lands for sites 35 120 By board of education 35 120 By board of education 36 127 CONTRACTS Penalty for interest in 67 255 COSTS Generally 69 267 COUNTY BOARD Duties of 56 207 Liability of 56 207 Powers of 56 208 Vacancy filled by 57 209 COUNTY CLERK Duties of 55 202 First election of trustees, notice of 11 23 COUNTY FUND Final distribution of 58 215 COUNTY SUPERINTENDENT Appeals from decisions of trustees 17 55 Apportionment of funds 7 14 Approval of treasurer's bond 7 13 Bond of 5 6 Compensation of 73 27 Correction in defects in boundaries by 9 16 Duties of 7 15 Election of 5 5 Liability of 67 257 Opinions in controversies 10 17 Powers of ', 9 16 Removal of 57 208 Report, annual 6 7 Vacancy in office of 57 209 CRIPPLED CHILDREN Classes for 33 115 DEAF CHILDREN Classes for 33 115 DEBT, BONDED Apportioned, how 18 59 DIRECTORS, SCHOOL A body corporate 30 104 Annual report 32 113 Apparatus, may purchase, when 33 115 Donations for sectarian purposes 68 263 Duties of 32 11 4 Election of ." 30 106 Eligibility 30 105 Meetings, regular and special 31 111 Liability of 67 255 Official business transacted, when 31 111 Orders . 34 116 83 Page. Sec. DIRECTORS, SCHOOL Concluded. For wages of teacher 34 ng Not paid for want of funds 24 81 Organization of 31 no Powers of 33 115 Quorum of '. . . 31 111 Rules and regulations of 32 114 Vacancy 30 106 Yeas and nays necessary, when 31 112 DISTRICT, SCHOOL Boundaries, how changed 14 40 Corrected, by county superintendent 9 16 In certain cases ' 15 45 Dissolved, how and when . 15 49 Funds of 14 41 List of taxpayers of 18 58 Map of 18 58 Numbered by county superintendent 9 15 By county clerk 55 205 DISTRICTS, SPECIAL CHARTER Annual reports of 71 276 Boundaries changed, how 15 48 Discontinued, how 15 51 Elections in, when held 36 126 Funds of, how invested 22 72 Referred to 30 103 Referred to 35 124 Reports of 71 276 Revenue of 71 276 DONATIONS For school purposes 13 39 For sectarian purposes 68 263 EMINENT DOMAIN By school directors 35 120 By board of education 36 127 EXECUTIONS Generally 66 25 EXPULSION OF PUPILS By board of directors 33 115 By board of education 33 115 FINES AND FORFEITURES Collection of 63 240 Distributed annually 7 14 Paid to county superintendent 63 238 Penalty for failure to pay 64 242 Report of .... 63 241 Penalty for failure to report 64 243 FLAGS, UNITED STATES Furnished by school directors 33 115 FORMS Of bond of county superintendent 5 6 Of bond of township treasurer 20 68 Of mortgage 22 73 Of register 50 185 Of schedule 51 186 Of school orders , 34 116 Of tax levy certificate 52 190 Of teacher's certificate 48 178 84 Page. Sec. FUNDS, SCHOOL Apportionment of by auditor 57 211 By county superintendent 7 14 By trustees of schools 12 35 Common, consists of what. , 57 210 District, custodian of 21 71 Permanent, consists of what 58 216 FURNITURE May purchase 36 127 Revenue for 52 189 GRADUATES Of county normal schools 48 176 Of the eighth grade 46 167 HIGH SCHOOL, TOWNSHIP Board of education of 25 86 Discontinued, how 27 92 Established, how 25 86 Petition for 25 85 HOLIDAYS, SCHOOL Legal school 51 188 Special, may be granted 33 115 INSTITUTE Annual 49 181 Free, to whom : 49 181 Funds transmitted to county treasurer 49 182 Registration fee '. 49 181 Teachers entitled to attend 49 183 INSURANCE In making loans 22 72 INTEREST Order draws, when 24 81 Rate of loans 21 72 JUDGES OF ELECTION Of school directors 31 108 Of trustees of schools 11 27 JUDGMENTS Against school officers 66 251 KINDERGARTENS Established, how -. . . . 34 115 LANDS, SCHOOL Common, what are 58 217 Leased, how 59 219 Sale of 59 221 Sale of other lands 14 44 LIABILITY OF SCHOOL OFFICERS For conversion of funds 67 257 For interest in contracts 67 255 For interest in sales 68 260 For loss of funds 68 264 LIBRARIES May be purchased, when 33 115 LOANS Of township fund 21 72 MANUAL TRAINING May be established 28 97 85 MEETINGS In school houses Regular and special 3 , Semi-annual 12 MONTH, SCHOOL Same as calendar 51 188 MORTGAGE Form of 22 73 NORMAL, SCHOOLS, COUNTY Established, how 29 98 Graduate of 48 17G NOTICE OF ELECTION In districts 30 107 In townships 11 23 ORDERS, SCHOOL Draw interest, when 24 81 Form of 34 116 Teachers' 34 118 ORGANIZATION Of high school board of education 25 86 Of school directors 31 110 Of trustees of schools 12 33 PARENTAL SCHOOLS In certain cities 40 140 PENSIONS Teachers' 42 152 PETITION For change- of boundaries . 14 46 For dissolution of district 15 49 For organization under general law 15 51 For sale of school house 13 40 For sale of school lands 59 ' 224 For township high school 25 85 PHYSIOLOGY AND .HYGIENE Instruction in 69 273 PUPILS Age of 32 114 Expulsion of 33 115 Suspension of 33 115 Transfer permit 35 121 QUALIFICATIONS Of assistant superintendent 9 16 Of school director , . 30 105 Of teachers 48 176 Of township treasurer 20 67 Of trustee of schools 10 21 Of voters 69 268 QUORUM Of school directors 31 m Of trustees of schools 12 34 REGISTER Form of 50 185 Return of 50 185 86 REMOVAL FROM OFFICE Of county superintendent 57 208 Of president of board of trustees 12 33 Of school director 9 IQ Of teacher 33 115 By board of education 37 127 Of township treasurer 20 67 REPORT Of county superintendent, annual 6 7 Of directors to treasurer 32 113 Of fines and forfeitures 63 241 Of institutions of learning 5 4 Of superintendent of public instruction 4 3 Of township treasurer 13 36 REVENUE Assessment not vitiated, when 52 190 Certificate of levy 52 190 Form of 52 190 Return of 52 190 Collector of 53 193 Penalty for refusal to pay over -. 53 194 Computation of 55 205 Rates 52 189 SCHOLARSHIPS Normal school 46 166 University 46 170 SECTARIAN PURPOSE Appropriations for, prohibited 68 263 SITE, SCHOOL HOUSE School directors may select, when .' 35 119 Sold, when 13 40 Unsuitable, when 33 115 . Vote of people necessary to select 35 119 When selected by board of education 36 .127 SPECIAL ACTS Abrogated, how 15 51 Referred to 30 103 Referred to 35 123 Referred to 69 269 Repeals of 71 276 SPECIAL CHARTER DISTRICTS Annual reports of 71 276 Boundaries changed, how 15 48 Discontinued, how 15 51 Elections in, when held 36 126 Funds of, how invested , 22 72 Revenues of 71 276 SUFFRAGE, EQUAL Qualifications for 69 270 SUPERINTENDENT OF PUBLIC INSTRUCTION Advice of 8 15 Appeal to 10 17 Certificates issued by 48 177 Concurrence of 49 181 Duties of 3 3 Election of . . 3 1 87 Page. Sec. SUPERINTENDENT OF PUBLIC INSTRUCTION Concluded. Funds withheld by '. 5 4 Information required by 6 7 Liability of 68 260 May require report 71 276 Powers of 4 4 Report of 3 4 Reference to 9 16 Reference to 13 36 Reference to 13 37 Reference to 21 70 Reference to 48 176 Reference to 69 272 Reference to 74 4 Text books filed with 74 1 TEACHERS Age of 48 176 Certificate, when necessary 48 176 Employment of 48 176 Examinations 49 180 Institutes 49 181 Attendance at 49 183 Orders, draw interest, when 24 81 Responsible for property 50 184 Register, duty to keep 50 185 Schedules, duty to make 50 186 Wages, when due and payable 34 118 TEXT-BOOKS, SCHOOL Adoption of 77 6 Changes of 77 9 For children of indigent parents 32 114 Prescribed by school directors 32 114 Publisher of 74 1 Uniformity of 32 114 TOWNSHIP, SCHOOL Congressional 10 19 Elections in . 10 22 Fractional 10 19 Referred to 60 225 TRANSFER, PERMIT OF For pupils 35 121 Tuition on account of 35 121 TREASURER, TOWNSHIP Accounts of ' 21 70 Bond of 20 68 Clerk of board of trustees.' 20 67 Compensation 21 69 Custodian of funds 21 71 Duties of 24 82 Election of 20 67 Eligibility of 20 67 Liable in Civil Action For failure to perform duties 65 248 For failure to perform duties 65 249 For failure to perform duties 66 250 88 Page Sec TREASURER, TOWNSHIP Concluded. Liable in Criminal Action For conversion of funds 67 257 For failure to report statistics 65 248 For interest in sales 68 260 For perversion of funds 68 263 Map, made and filed by 18 58 Removal of 20 67 Resignation of 25 84 Statement of, annual. 24 82 Term of office 20 67 TRUANT OFFICER Appointed, when 70 275 Duties of 70 275 TUITION For non-resident pupils 33 115 For pupils transferred 35 121 Paid to township treasurer 33 115 TRUSTEES OF SCHOOLS A body politic 10 20 Accounts of treasuFer examined by 13 38 Adjournment of rv .'. 16 53 Appeal from 17 55 Apportionment of funds 12 35 Appraisers appointed by 19 65 Clerk appointed by 20 67 Election of 10 22 Eligibility 10 21 Judges of election 11 27 Liability of 64 244 Meetings, concurrent 15 47 Semi-annual . . 12 34 Special " 12 34 Organization of 12 33 Quorum 12 34 UNION DISTRICTS Dissolved, how 15 49 Funds of 32 114 Funds of 25 83 VACANCIES IN OFFICE Of county superintendent 57 209 Of school director <* 30 106 Of township treasurer 20 67 Of trustee of schools 11 24 WAGES, TEACHERS Payable monthly 34 118 WARRANTS Against and in anticipation of taxes 34 117 WOMEN Eligible to school offices 69 269 YEAR, SCHOOL 4 3 THE SCHOOL LAW OF ILLINOIS ENACTED BY THE Forty-Seventh General Assembly CIRCULAR 59 ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction SPRINGFIELD, ILLINOIS: ILLINOIS STATE JOURNAL Co,, STATB PRINTERS 1911 THE SCHOOL LAW OF ILLINOIS ENACTED BY THE Forty-Seventh General Assembly CIRCULAR 59 ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction SPRINGFIELD, ILLINOIS: ILLINOIS STATE JOURNAL Co., STATE PRINTERS CIRCULAR 59. FOR THE STATE SCHOOL FUND. AN ACT to provide for the ordinary and contingent expenses of the State government until the expiration of the 'first fiscal quarter after the adjournment of the next regular session of the General Assembly. SECTION 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That the following named sums, or so much thereof as may be necessary, respectively, for the purposes herein- after named, be, and are hereby, appropriated to meet the ordinary and contingent expenses of the State government, until the expiration of the first fiscal quarter after the adjournment of the next General Assembly : # * * * * * * Twenty-seventh To the Auditor of Public Accounts, the sum of $2,000,000, annually, out of the State School Fund, to pay the amount of the Auditor's orders for the distribution of said fund to the several counties, and for the payment of the salary of county superintendents of schools as now provided by law. The Auditor shall issue his warrants to the State Treasurer on the proper evidence that the amount distributed has been paid to the county superintendents. APPROVED June 10, 1911. TRANSFERS AND TRANSPORTATION. AN ACT to amend section 121 of "An Act to establish and maintain a system of free schools," approved June 12, 1909. SECTION 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That section 121 of "An Act to estab- lish and maintain a system of free schools," approved June 12, 1909, be amended to read as follows : 121. Pupils may be transferred from one district to another upon the written consent of a majority of the directors of each district, which written consent shall be filed with the treasurer and shall be evidence of such consent. The duty of collecting the amount due on account of pupils transferred shall devolve upon the directors of the district in which the school was taught. Whenever the number of children between the ages of 6 and 16 years in any district school shall be fewer than six, it shall be lawful for the directors of such district to arrange for the transfer of pupils and, when necessary, provide free transportation for them to a neighboring school. Such transfer and free transportation shall be held to be a compliance with paragraph 9 of section 114 of this Act, entitling the said district to receive its share of the funds distributed in accordance with section 35 of this Act. APPROVED June 2, 1911. PUBLIC DRINKING CUPS. AN ACT to prohibit the use of a common drinking cup, glass or other utensil used for public drinking purposes in public and private schools. State educational institutions * * * and in other public places in the State of Illinois. SECTION 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That it shall be unlawful for any person, firm or corporation, directly or indirectly, connected in any public or private school or in any State educational institution to use or permit for use a common drinking cup, glass or other utensil used for public drinking purposes. * * ***** 3. No person, firm or corporation in charge of or in control of any public or private school, or any State educational institution * * * shall furnish any drinking cup, glass or other utensil used for public drinking purposes for public use, nor shall such person or corporation or institution use or have for use in or upon its premises any such common drinking cup. 4. Any person, firm or corporation who shall violate any of the provisions of this Act shall, upon conviction, be fined for each offense the sum of not less than five dollars nor more than fifty dollars. APPROVED June 5, 1911. TOWNSHIP HIGH SCHOOL ELECTIONS. AN ACT to amend sections 85 and 86 of an Act entitled, "An Act to establish and maintain a system of free schools," approved and in force June 12, 1909. SECTION 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That sections 85 and 86 of an Act entitled, "An Act to establish and maintain a system of free schools," approved and in force June 12, 1909, be and the same are hereby amended so as to read as follows: 85. Upon the receipt of a petition signed by at least 50 legal voters of any school township, it shall be the duty of the treasurer to give notice of an election to be held at the next regular election of trustees for the purpose of voting "for" or "against" the proposition to establish a township high school. Notice of such election shall be posted in at least ten of the most public places throughout the township for at least ten days before the day of such regular election, and may be in the following form: NOTICE OF ELECTION. Notice is hereby given that on Saturday, the day of April, 19 . . . ., an election will be held at for the purpose of voting "for" or "against" the proposition to establish a township high school for the benefit of township number , range number '. The polls will be opened at o'clock .... m., and closed at o'clock m. A .....B :.. Township Treasurer. The trustees of schools shall conduct the election, canvass and declare the result. The ballots shall be in substantially the following form, to-wit : Tor the establishment of a township high school. Against the establishment of a township high school. The voter shall make an X or cross mark in the square following and opposite the proposition favored, and the ballot shall be so counted. 86. If a majority of the votes cast shall be in favor of establishing a township high school it shall be the duty of the treasurer to call a special election on any Saturday within sixty days for the purpose of electing a township high school board of education, to consist of five members, notice of which election shall be given for the same time and in the same. manner as provided in the election of trustees of schools. The members elected shall determine by lot, at their first meeting, the length of term each is to serve. Two of the members shall serve for one year, two for two years- and one for three years from the second Satur- day of April next preceding their election. At the expiration of the term of office of any member or members, a successor or successors shall be elected, each of whom shall serve for three years, which subsequent election shall be held on the second Saturday in April. In case of a vacancy the board of education shall call an election without delay, to be held on any Saturday. Within ten days after their election the members of the township high school board of education shall meet and organize by electing one of their number president, and by electing a secretary. It shall be the duty of such high school board of education to establish, at some central point most convenient to a majority of the pupils of the township, a high school for the education of the more advanced pupils. APPROVED June 6, 1911. The annual election for the purpose of selecting members of township high school boards of education must be held, hereafter, on the second Saturday in April, and be conducted by the township high school board of education. Elections to fill vacancies may be held on any Saturday. TOWNSHIP HIGH SCHOOLS. 'Ax ACT to amend section 88 of an Act entitled, "An Act to establish and maintain a system- of free schools/' approved and in force June 12, 1909. -SECTION 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That section 88 of an Act entitled, "An Act to establish and maintain a system of free schools," approved and in force June 12, 1909, be and the same is hereby amended so as to read as follows : 88. The inhabitants of any territory composed of parts of adjoin- ing townships may create such territory into a high school district by a petition signed by at least 50 legal voters and >an affirmative vote- in such territory, and may elect a board of education therefor, as in other high school districts. When part of a township has been included in any high school district pursuant to any of the provisions of this Act, the remainder of such township, not included in any high school dis- trict, shall constitute a township for high school purposes. APPROVED June 5, 1911. TOWNSHIP HIGH SCHOOL DISTRICTS. AN ACT to authorize the organization of high school districts. SECTION 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That any school township that con- tains a school district having a population of 1,000 or more and not exceeding 100,000 inhabitants, whether operating under the general school law or governed by virtue of a special Act, may be organized into a high school district by submitting the proposition to a vote of the people at a general or special election. 2. Upon receipt of a petition signed by 50 or more legal voters the county superintendent of schools of the county in which the town- ship or the greater part of the territory described in the petition is sit- uated, shall forthwith order an election to be held for the purpose of voting "for" or "against" the proposition to establish a township hi