UC-NRLF ED Eflh LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIKT OK ./MGUOft* Received , 190 Accession No. 82736 . Chus No. ILLINOIS SCHOOL LAW. 1895-1896. THE ILLINOIS SCHOOL LAW. 1889-1895. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS, APPROVED MAY 21, 1889. o INCLUDING ADDITIONAL ACTS RELATIVE TO SCHOOLS AND SCHOOL OFFICERS, WITH AN APPENDIX CONTAINING ACTS ESTABLISHING STATE NORMAL SCHOOLS, AND PRO- VIDING FOR COUNTY NORMAL SCHOOLS. SPRINGFIELD, ILL. ED. F. HAUTMANN, STATE PRINTER. 1895 TABLE OF CONTENTS. PAGE. EXTRACTS PROM THE CONSTITUTION 1 ACT OP 1889. Article I, State Superintendent of Public Instruction 3 Article II, County SuperintendentH 7 Article III, Township Trustees of Schools 14 Article IV, Township Treasurer 32 Article V, Board of Directors 40 Article VI, Board of Education 48 Article VII, Teachers 55 Article VIII, Revenue Taxation 61 Article IX, Bonds 64 Article*X, County Clerk 67 Article XI, County Board 69 Article XII, School Funds 71 Article XIII, School Lands '.. 74 Article XIV, Pines and Forfeitures 80 Article XV, Liability of School, Officers 82 Article XVI, Miscellaneous 86 ADDITIONAL ACTS PERTAINING TO THE PUBLIC SCHOOLS AND TO SCHOOL OFFICERS. Members of the Board of Education Appointed 90 Study of Physiology and Hygiene i 91 Compensation of Judges and Clerks of Election in certain cases 92 Election of Boards of Education in certain cases 92 No child under 13 years of age to be hired without certificate from School Board 94 Women may vote at School Elections 95 Directors allowed to assume indebtedness created for their districts 95 Compulsory Attendance 96 Inspectors elected under certain special acts 97 Kindergarten 98 U. S. Flags 102-103 Pension and Retirement Fund in Certain Cities 99 APPENDIX. Act Establishing Central Normal University, Normal 99 Act Establishing Southern Normal University, Carbondale 102 Act Establishing Eastern Normal School, Charleston 112 Act Establishing Northern Normal School, DeKalb 116 State Scholarships in Illinois University 121-122 Act for the Establishment of County Normal Schools 119 Index.. ...123-131 EXTRACTS FROM THE CONSTITUTION OF ILLINOIS, ARTICLE V. SECTION 1. The executive department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruc- tion and Attorney General, who shall each, with the exception of the Treasurer, hold his office for the term of four years, from the second Monday of January next after his election and until his successor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of govern- ment during their term of office, and keep the public records, books and papers there; and shall perform such duties as may be prescribed by law. ARTICLE VIII. EDUCATION. SECTION 1. The General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education. 2. All lands, moneys, or other property, donated, granted or received for school, college, seminary or university pur- poses, and the proceeds threof, shall be faithfully applied to the objects for which such gifts or grants were made. $ 3. Neither the General Assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian pur- pose, or to help 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 land, money or other personal property ever be made by the State or any such public corporation, to any church, or for any sectarian purpose. 4. No teacher, State, county, township, or district school officer 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 con- nected, under such penalties as may be provided by the Gen- eral Assembly. 5. There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensa- tion and time and manner of election, and term of office, shall be prescribed by law. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. ARTICLE i. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 1 . Time of election and term of office. 2. Oath and bond. a. Salary and office expenses. 4. Duties denned. 5. Powers defined. 6. Liabilities. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in 1he General Assembly: That at the election to be held on Tuesday after the first Monday of November, in the year of our Lord one thousand eight hundred and ninety, and quadrennially thereafter, there shall be elected by the legal voters of this State, a State Superintendent of Public Instruc- tion, who shall hold his office for four years from the second Monday in January next after his election, and until his suc- cessor is duly elected and qualified. S "1. Before entering upon his duties, he shall take and sub- scribe the oath of oifice prescribed by the constitution, and shall also execute a bond, in the penalty of twenty-five thousand dollars ($25,000), payable to the people of the State of Illinois, with securities to be approved by the Governor, conditioned for the prompt discharge of his duties as Superintendent of Public Instruction, and for the faithful application and disposition, according to law, of all school moneys that may come into his hands by virtue of his office. Said bond and oath shall be de- posited with the Secretary of State, and an action may be maintained thereon by the State at any time for a breach of the conditions thereof. 3. And the said State Superintendent shall receive, annu- ally, such sum as may be provided by law, as a salary for the >* -i-vices required under the provisions of this act, or any other law that may be passed, and also all necessary contingent ex- penses for books, postage and stationery pertaining to his office, to be audited and paid by the State as the salaries and contingent expenses of other officers are paid. 4. It shall be the duty of the said State Superintendent of Public Instruction First To keep an office at the seat of government of the State. Second To file all papers, reports and public documents transmitted to him by the school officers of the several coun- ties, each year separately. Third To keep and preserve all other public documents, books and papers relative to schools, coming into his hands as State Superintendent, and to hold the same in readiness to be ex- hibited to the Governor, or to any committee of either house of the General Assembly. Fourth To keep a fair record of all matters pertaining to the business of his office. Fifth To pay over, without delay, all sums of money which may come into his hands by virtue of his office, to the officer or person entitled to receive the same, in such manner as may be prescribed by law. Sixth-^-To counsel and advise in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools. Seventh To supervise all the common and public schools in the State. Eighth To be the general adviser and assistant of county superintendents of schools in this State. Ninth To address circular letters to county superintendents, from time to time, as he shall deem for the interests of schools, giving advice as to the best manner of conducting schools, con- structing school houses, furnishing the same, examining and procuring competent teachers. Tenth To, on or before the 1st day of November preceding each regular session of the General Assembly, report to the Governor the condition of the schools in the several counties of the State; the whole number of schools which have been taught in each county in each of the preceding years, commencing on the 1st of July; what part of said number have been taught by males exclusively, and what part by females exclusively; what part of the said whole number have been taught by males and females at the same time, and what part by males and females at different periods; the number of scholars in attend- ance at said schools; the number of persons in each county under twenty-one years of age, and the number of such persons between the ages of twelve and twenty-one years that are un- able to read and write; the amount of township and county funds; the amount of the interest of the State or common school fund, and of the interests of the township and county fund annually paid out; the amount raised by an ad valorem tax; the whole amount annually expended for schools; the number of school houses, there kind and condition; the number of townships and parts of townships in each county; the num- ber and description of books and apparatus purchased for the UM> of schools and school libraries under the provisions of this act. the price paid for the same, the 'total amount purchased, and what quantity and how distributed, the number and con- dition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools, and the means of promoting education throughout the State; which report shall be laid before the General .Assembly at each regular session. Eleventh To make such rules and regulations as may be necessary and expedient to carry into efficient and uniform effect the provisions of this act, and of all the laws which now are or may hereafter be in force for establishing and maintain- ing free schools in this State. Twelfth To be the legal adviser of all school officers, and, when requested by any such school officers, to give his opinion in writing upon any question arising under the school law r s of this State. Thirteenth To hear and determine all controversies arising under the school laws of this State, coming to him by appeal from a county superintendent, upon a written statement of facts certified by the county superintendent. Fourteenth To receive and. file all proper reports made to him from time to time by the several county superintendents of this State, as required by article II of this act. Fifteenth To grant State certificates to such teachers as may be found worthy to receive them, as provided for in section 2 of article VII of this act. Sixteenth To be ex officio a member of the board of trustees of the University of Illinois and of the Southern Normal Uni- versity. Seventeenth To be ex officio a member of the Board of Edu- cation of the State of Illinois, and to act as secretary thereof. Eighteenth To report to the General Assembly of Illinois,. at its regular session, the condition and expenditures of the Normal University, and such other information as may be directed by the Board of Education of the State of Illinois or by the General Assembly of this State. Nineteenth To visit such of the charitable institutions of this State as are educational in their character, and to examine their facilities for instruction, and to prescribe forms for such reports as he may desire from the superintendents of such charitable institutions. 5. The said State Superintendent of Public Instruction shall be clothed with the following powers First to direct and cause the county superintendent of any county, directors or boards of trustees or township treasurer 6 of any township, or other school officer, to 'withhold from any officer, township, district or teacher, any part of the common school, or township, or other school fund, until such officer, township treasurer or teacher shall have made all schedules, reports and returns required of him by this act, and until such officers shall have executed and filed all official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as required of him by this act. Second To require the several county superintendents of this State to furnish him with such information relating to their several offices as he may desire to embody in his report to the General Assembly of this State. Third To require the board of trustees of each township in this State to make, at any time he may desire, a report simi- lar to the report required to be made by such trustees on or before the fifteenth day of July preceding each regular session of the General Assembly of this State, as provided for in sec- tion 28 of article III of this act. Fourth Upon the recommendation of the county superintend- ent, or for good and sufficient reasons, to remit the forfeit- ure of the school fund by any township which may have failed to make the reports required by law. Fifth To determine and designate the particular statistics relating to schools which the inferior officers shall report to the county superintendent for the use of his office. Sixth To authorize the several county superintendents to procure such assistance as may be necessary to conduct county teachers' institutes for not less than, five days in each year. Seventh To require annual reports from the authorities of incorporated towns, townships, cities or districts holding- schools by authority of special charters to the same extent as regular school officers are or may be required to make such reports. Eighth To require the president, principal or other proper officer of every organized university, college, seminary, acad- emy or other literary institution, whether incorporated or un- incorporated, or hereafter to be incorporated in this State, to make out such report as he may require in order that he may lay before the General Assembly a fair and full exhibit of the affairs and conditions of such institutions and of the educa- tional resources of the State. Ninth To require the Auditor of Public Accounts to with- hold from the county superintendent of any county the amount due any such county for its share of the interest 011 State school fund, or said county superintendent for his per diem compen- sation, until the report provided for in section 17 of article II of this act shall have been furnished as therein required. 6. The said State Superintendent of Public Instruction shall not 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, and for offending against the provisions of this section he shall be liable to indictment, and upon conviction shall be fined in a sum not less than twenty-five nor more than five hundred dollars, and may be imprisoned in the county jail not less than one month nor more than twelve months, at the discretion of the court. ARTICLE II. COUNTY SUPERINTENDENTS. 10. H. 12. 13. Time of election and term of office. Oath and bond. Form of bond. Obligors bound jointly and severally. Supervisors may require a new bond. Office and supplies. Liable to removal. (Repeal.) Vacancies. Time limited. Assistants. Commissions and per diem. Itemized bills and warrants from Audi- tor. Duties defined. 14. Powers defined. 15. Record of land sales. 16. Report to county board. 17. Report to State Superintendent. 18. Collecting statistics, and suit against trustees as individuals. 19. Approval *>f township treasurer's bond, and delivery of written statement to the township treasurer. 20. Apportionment of funds to townships. 21. Loaning of county fund. j 22. Appeal to the State Superintendent. 23. Delivery of money, books, papers, etc., to successor in office. SECTION 1. On Tuesday next after the first Monday in No- vember, A. D., 1890, and quadrennially thereafter, there shall be elected by the qualified voters of every county in this State, a county superintendent of schools, who shall perform the duties required by law, and shall enter upon the discharge of his duties on the first Monday of December after his election. 2. He shall, before entering upon his duties, take the oath prescribed by the Constitution, and execute a bond pay- able 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 pen- alty of noteless than .twelve thousand dollars ($12,000), to be increased at the discretion of the said county board, condi- tioned that he will faithfully perform all the duties of his office according to the laws which are or may be in force during his term of office. 3. The bond required in the foregoing section shall be in the following form, viz. : STATE OF ILLINOIS, \ .County, I &k 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 Illinois, in the penal sum of dollars, to the payment of which we bind ourselves, our heirs, executors and admin- istrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this dav of , A. D. 18.... 8 The condition of the above obligation is such, that if the above bounden A B, County Superintendent of the county aforesaid, shall faith- fully discharge all the duties of such office, according to the laws which now are and may hereafter be in force, and shall deliver over to his suc- cessor in office all moneys, books, papers and property in his hands, as such County Superintendent, then this obligation to be void, otherwise to remain in full force and virtue. A B [Seal. C D [Seal. E F [Seal. And which bond shall be filed in the office of the county clerk. 4. The obligors in such bond shall be bound jointly and severally, and upon it an action or actions may be maintained by the board of trustees of the proper township, or any other corporate body interested, for the benefit of any township or fund injured by -any breach of the conditions thereof. 5. If a majority of the county board shall be satisfied, at any time, that the .bond of said county superintendent is insuf- ficient, it shall be the duty of such superintendent, upon notice being given to him by the clerk of such board, to exe- cute a new bond, conditioned and approved as the first bond: Provided, that the execution of such new bond shall not affect the old bond or the liability of the securities thereon. 6. It shall be the duty of the county board of the county to provide the said county superintendent with a suitable office, with necessary furniture and office supplies, as is done in the case of other county officers. S 7. The said county superintendent shall be liable to re- moval by the county board for any palpable violation of law or omission of duty. [Repealed by act approved June 15, 1893. 8. When the office of county superintendent shall become vacant by death, resignation, the removal of the incumbent by the county board, or otherwise, the county board shall fill the vacancy by appointment, and the person so appointed shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor. 9. In counties having not more than one hundred (100) schools, the county board may limit the time of the superin- tendent: Provided, that in counties not having more than fifty (50) schools, the limit of time shall not be made less than one hundred and fifty (150) days a year; in counties having from fifty-one (51) to seventy-five (75) schools, not less than two hundred (200) days a year; and in counties having from seventy -six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days a year. 10. The county superintendent may, with the approval of the county board, employ 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 principles and 9 methods of education, familiar with public school work, and competent to visit schools. Such assistants shall receive such compensation as may be fixed by the county board. 11. County superintendents shall receive in full, for all services rendered by them, commissions as follows: Three per cent, commission upon the amount of sales of school lands, or sales of land upon mortgage, or of sales of real estate taken for debt, including all services therewith. Two per cent, commission upon all sums distributed, paid or loaned out by them for the support of schools. For all other duties required by law to be performed by them, four dollars ($4) a day for such number of days as shall be spent in the actual performance of their duties, not exceeding the number tixed by the county boards in counties in which the boards are given power to fix the number of days by section 9 of this article of this -act, and one dollar ($ 1) a day for expenses for the number of days actually spent in school visitation. 1 The county superintendents shall present, under oath or affirmation, their itemized bills for their per diem compensa- tion and for the expenses allowed by this article of this act, when visiting schools, together with a report of all their acts as such county superintendent, or assistant, including a list of all the schools visited, with the dates of visitation, to the county board, at the annual meeting of such county board in Septem- ber, and as near quarterly thereafter as such board may have regular or special meetings, and after the bills have been audited by the county board, the county clerk shall certify to such audit ing upon the bills, and transmit them to the Auditor of Public Accounts, who shall, upon receipt of them, remit in pay- ment thereof to each superintendent his warrant upon the State Treasurer for the amount certified to be due him. The said 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 warrants have been issued to the county superintendent of said county since the next preceding appor- tionment of the state school fund. S 18. It shall be the duty of each county superintendent of schools in this State Firsl To sell township fund lands, issue certificates of pur- chase, i 'cport to the county board and State Auditor, and per- form all other duties pertaining thereto, as required by article XIII of this act. Sec md To register applicants for admission to the State Nor- mal Universities and to the University of Illinois, and to assist in the examination of the same as directed by the State Board of Education or other proper authorities. Tliinl To visit each school in the county at least once a y.'ur, and in the performance of this duty, he shall spend at le ist half the time given to his office, and more, if practicable, in visitmi* ungraded schools. 10 Fourth To note, when visiting schools, the methods of in- struction, the branches taught, the text-books used, and the discipline, government and general condition of the schools. Fifth To give to teachers and school officers such directions in the science, art and methods of teaching and courses of study as he may deem expedient and necessary. Sixth To act as the official adviser and constant assistant of the school officers and teachers of his county; and, in the performance of this duty, he shall faithfully carry out the advice and instruction of the State Superintendent of Public Instruction. Seventh To conduct, as provided for in section 10 of article VII of this act, a teachers' institute, and 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, ac- counts and vouchers of every township treasurer in his county, and if he finds any irregularities in them, he shall at once report the same in writing' to the board of 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 cases such as those provided for in section 15 of article III of this act. Twelfth To file and safely keep the poll books and returns of any election required to be returned to the county superin- tendent by any provision of this act. Thirteenth To investigate and determine all matters pertain- ing to the change in the boundaries of school districts, which may come to him by appeal from the decision of the school trustees, and to notify the township treasurer, from whom the papers relating to the matter were received, of his decision of the matter. Fourteenth To give notice of the election of school directors in cases such as are provided for in section 9 of article V of this act.' Fifteenth To hold meetings, at least quarterly, for the ex- amination of teachers, as provided for in section 7 of article VII of this act. Sixteenth To grant certificates of qualification to such per- sons as may be qualified to receive them, as provided for in section 3 of article VII of this act; and to keep a record of all 11 teachers to whom such certificates have been granted, as pro- vided for by section 4 of article VII of this act; and to keep a record of all teachers employed in teaching in his county. Seventeenth To keep a just and true account of all moneys received and all moneys paid out on account of the "institute fund,'' and make report thereof to the county board, as pro- vided for in section 9 of article VII of this act. Eighteenth To present to the county board of the count}', at the first regular meeting thereof, annually, the report re- quired by section 3 of article XI of this act. Nineteenth To notify presidents of boards of trustees and clerks of school districts, on or before September 30th, annu- ally, of the amount of money paid by him to the township treasurer, and the date of such payments. Twentieth To receive and file, on or before the 15th day of July preceding each regular session of the General Assembly, and at such other time as may be required by the State or county superintendent, a statement from the board of trustees of each township, giving such statistics and information as may be called for. 14. The said county superintendent shall have power First To require the board of trustees of each township in his county to make, at any time he may desire, the report pro- vided for in section 28 of article III of this act. Second To recommend to the State Superintendent the re- mission of the penalty provided for a failure by the trustees of schools to make the reports provided for by law. Third To renew teachers' certificates at their expiration by his indorsement thereon. Fourth To revoke the certificate of any teacher for immoral- ity, incompetency, or other just cause. Fifth To direct in what manner township treasurers shall keep their books and accounts. Sixth To bring suit against the county collector for a failure to pay State Auditor's warrant, as provided for in section 5 of article XII of this act. Seventh To remove any school director from office for a willful failure to perform the duties of his office. Eighth To lease and sell real estate in cases provided for in section 26 of article XIII of this act, in the manner therein specified. 15. The said county superintendent shall provide three well bound books, which shall be paid for from the county treasury. These books shall be known and designated by the letters A, B, 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, and the plats and certificates of valuation made by 12 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, which account shall contain the date of sale, name of purchaser, description of land sold and the sum sold for. In book "C" he shall keep a regular account of all moneys received for lands sold or other- wise, and loaned or paid out; the persons from whom received, and on what account, and showing whether it is principal or interest; the person to whom loaned, the time for which the loan was made, the rate of interest, the names of the securities, when personal security is taken, or if real estate is taken as security, a description of the real estate; and if paid out^ to whom, w r hen, and on what account, and the amount paid out; the list of sales and the account of each township fund to be kept separate. 16. The county superintendent shall report, in writing, to the county board, at their regular meeting in September of each year, giving first, the balance on hand at the time of the last report and a statement in detail of all receipts since that date, and the sources from which they were derived; second, the amount paid for expenses; third, the amount of his commis- sions; fourth, the amount distributed to each of the tow r nship treasurers in his county; fifth, any balance on hand. He shall also present for inspection at the same time his books and vouchers for all expenditures, and all notes or other evidences of indebtedness which he holds officially, with the securities of the same; and he shall give in writing a statement of the con- dition of the county fund, of the institute fund, and of any township fund of which he may have the custody. 17. On or before the 15th day of August before each regular session of the General Assembly of this State, or an- nually, if so required by the State Superintendent of Public In- struction, the county superintendent shall communicate to said State Superintendent all such information and statistics upon the subject of schools in his said county as the said State Super- intendent is bound to embody in his report to the Governor, and such other information as the State Superintendent shall require. 18. In all cases where the township board of trustees of any township shall fail to prepare and forward, or cause to be prepared and forwarded to the county superintendent, the in- formation and statistics required of them in this act, it shall be the duty of the said county superintendent to employ a compe- tent person to take the enumeration and furnish such statistical statement, as far as practical, to the superintendent; and such person so employed shall have free access to the books and papers of said township to enable him to make such statement; and the township treasurer, or other officer or person in w T hose custody such books and papers may be, shall permit such per- son to examine such books and papers at such times and places 13 as such person may desire for the purposes aforesaid; and the said county superintendent shall allow, and pay to the person so employed by him, for the services, such amount as he may judge reasonable out of any money which is or may come into said superintendent's hands, apportioned as the share of or belonging to such township; and the said county superinten- dent shall proceed to recover and collect the amount so allowed or paid for such services, in a civil action before any justice of the peace in the county, or before any court having juris- diction, in the name of the People of the State of Illinois, of and against the trustees of schools of said township, in their individual capacity; and in such suit or suits the said county superintendent and fcownship treasurer shall be competent wit- nesses; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to replace the money taken as aforesaid. 19. Whenever the bond of any township treasurer approved by the board of trustees of schools, as required by law, shall be delivered to the county superintendent, he shall carefully examine the same, and if the instrument is found in all respects to be according to law, and the securities good and sufficient, he shall endorse his approval thereon, have it recorded in the circuit clerk's office, and file the same with the papers of his office; but, if said bond is in any respect defective, or if the penalty is insufficient, he shall return it for correction. When the bond shall have been duly received and filed, the superin- tendent shall, on demand, deliver to said township treasurer a written statement certifying that his bond has been approved and filed, and that said 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 description belonging to said township. _<). Upon the* receipt of the amount due upon the Auditor's warrant, the county superintendent shall apportion said amount, also the interest on the county fund and the fines and forfeit- ures, to the several townships and parts of townships in his county, in which townships or parts of townships shools have been kept in accordance with the provisions of this act, and with the instructions of the State and county superintendents, according to the number of children, under twenty-one years of age, returned to him, and shall pay over the distributive share belonging to each township and fractional township, to the respective township treasurers, or other authorized person, annually: Provided, that no part of the State, county or other school fund shall be paid to any township treasurer or other person authorized by said treasurer, unless said township treas- urer has filed his bond, as required by section 1 of article IV of this act, nor in case said treasurer is re-appointed by the trustees, unless he shall have renewed his bond and filed the same as aforesaid. 14 21. The county superintendent may loan any money, not interest, -belonging to the county fund, or to any township fund, before the same is called for, according to law, by the town- ship treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this -act in relation to the township treasurers, and apportion the interest as provided in the preceding section; and notes and mortgages taken in the name of the "county superintendent" of the proper county are hereby declared to be as valid as if taken in the name of "trustees of schools" of the proper town- ship, and suits may be brought in the name of "county super- intendents," on all notes and mortgages heretofore or here- after made payable to the county superintendents. 22. 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 to the State Superintend- ent of Public Instruction upon a written statement of facts certified by the county superintendent. 23. The county superintendent, upon his removal or resig- nation, or at the expiration of his term of office (or in case of his death, his representatives) shall deliver over to his suc- cessor in office, on demand, all moneys, books, papers and per- sonal property belonging to the office or subject to the control or disposition of the county superintendent. ARTICLE III. TOWNSHIP TRUSTEES OF SCHOOLS. 1. School township. 2. Fractional townships consolidated. 3. School business of the township. 4. Trustees a body politic. 5. Annual election. 6. Term of office. 7. Age, residence and eligibility. 8. Notice of election, and form of election notice. 9. Election in certain cases to be held on anv Saturday, and notice to be given by county clerk 10. Trustees draw lots for their terms of office in certain cases 11. Judges of election. 12. Qualifications of voters. | 13. Conduct ofelections;contesting elections; polls may be closed at 4 p. m. 14. Judges may postpone election. 15. County superintendert to order election. 16. Vacancies 17. Tie at an election. 18. More than one polling place; canvassing the returns and making out a certifi- cate 19. Election when township is same as town. 20. Poll book; failure to deliver the same. | 21. County clerks to furnish list of trustees elected at town meetings. Organization; appointment of president and treasurer. Term of office of president and treasurer; their removal. 24. Record of proceedings. 25. Meetings of trustees and quorum. 26. Distribution to districts; basis of the same. 27. Funds placed to the credit of districts. 28. Report to county superintendent; items; forfeiture for failure to report. 29. Separate enumeration; statistics not divisible 30. Examination of township treasurer's books, etc., by trustees. 31. Gifts, grants, etc.; title of school houses. | 32. Saleofnchool house; form of notice of sale 33. Conveyance of real estate; how made 34. Township treasurer custodian of bonds; power to remove or sue that official. 35. Power to purchase real estate in satis- faction of judgments. 36. Power to make settlements. 37. Power to lease land, or sell at public auction. 38. Township high school, and form of no- tice for high school election. 39 Ballots for high school election. 40. Election for members of township board of education; term of office; vacancies; organization of the board, and estab- lishment of the school. 41. Powers of township board of education. 42. Parts of two or more townships may join in establishing a high school. 43. Discontinuance of township high school 44. Canvass of ba lots, and disposition of assets. 45. Interests in school books; penalties. 46. Districts In newly organized townships. 15 f 47. Changes In district boundaries. 48. Who na ay petition $ 49. Districts having less than 100,000 inhabit- ants even under special charter, may vote to change boundaries. $ 5.X Filing of the peiition; notice to the dis- tricts and form of notice. 51. Territory lying in two or more town- ships. 5-. Adjournment of the board. 53. Acting upon the petition | 54. Appeal and form of notice. 55. Clerks transmit papers to the county superintendent. 56. Appeal in case of territory divided by county lines. 57. Filing map and list of tax-payers. 58. 59. 60. 63. 64. $ 65. 66. 8 67. District with a bonded debt. Election in new districts and form of notice Conduct of election. >!. Organization of board. 62. Election in districts organized by action of the county superintendent. Distribution of fnnos Appraisement of property. Liability ol trustees in reference to dis- tribution of funds. Liability of clerk. District failing to have school for two years 68. Dissolution of union district 69. Successors to trustees of school lands. SECTION 1 . Each congressional township is hereby established u township for school purposes. S 2. Whenever any fractional township contains less than two hundred (1 } (H)) persons under twenty-one years of age, the trustees thereof, upon petition of a majority of the adult inhabitants of such fractional township, may, by written agreement entered into with the board of trustees of any adjacent township, consoli- date the territory, school funds and other property of such fractional township with such a'djacent township, and there- after shall cease to exercise the functions of school trustees for such fractional township; and such territory, school funds and other property, aforesaid, shall thereafter be managed by the board of trustees of such adjacent and consolidated township, in accordance with the terms of agreement aforesaid, in the same manner as is, or may be provided by law, for the man- agement of territory, funds and other property of school town- ships: Provided, that the said written agreement shall be duly signed by a majority of the said trustees, and filed for record by the said trustees in the office of the county clerk of the county in which such consolidated township, or the greater part thereof, is situated. [As amended June 21, 1895. S 3. The school business of the township shall be done by three trustees, to be elected by the legal voters of the town- ship, as hereinafter provided for. S 4. Said trustees shall be a body politic and corporate, by the name and style of "trustees of schools of township No.... range No. . . .," according to the number. The said corporation shall have perpetual existence, shall have power to sue and be sued, to plead and be im pleaded in all courts and places where judicial proceedings are had. r>. The election of trustees of schools shall be on the second Saturday in April, annually. 6. At the first regular election of trustees, after the pas- sage 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. Said trustees shall continue in office three years, and until their successors are elected and enter upon the duties of their office. 16 7. No person shall be eligible to the office of trustee of schools unless twenty- one years of age, and a resident of the township. And where there are three or more school districts in any 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. 8. Notice of the election of school trustee shall be given by the township treasurer, upon the order of the trustees of schools, by posting notices of such election, at least ten days previous to the time of such election, in not less than five of the most public places in said township, which notices shall specify the time and place of election and the object thereof, and may be in the following form, viz: Public notice is hereby given that on Saturday, the day of April, A. D , an election will be held at , between the hours of and of said day, for the purpose of elect- ing school trustee for township No , range No By order of the board of trustees of said township. Ibwnship Trea 9. In townships where no election for school trustees has heretofore been held, or in townships where, from any cause, there are no trustees of schools, the election of trustees of schools may be holden on any Saturday, notice thereof being given as required by 'section 8 of this article. The first election in such township shall be ordered by the county clerk of the county, who shall cause notice to be given as aforesaid. 10. In case of an election held, as required by the preced- ing section, the trustees elected, at their first meeting, shall draw lots for their respective terms of office for one,* two and three years; and thereafter one trustee shall be elected annu- ally, at the usual time for electing trustees, to fill the vacancy occurring. At all elections after said first election, the said notice shall be given by the trustees of schools, through the township treasurer, as in other elections for trustees. 11. The trustees of schools of incorporated townships present shall act as judges, and choose a person to act as clerk of said election. If the trustees (or any of them) shall fail to attend, or refuse to act when present, the legal voters present shall choose from their own number such additional judges as may be necessary. In any township lying within the limits of a city, village or incorporated town, which has adopted the provisions of "An act regulating the holding of elections, and declaring the result thereof in cities, villages and incorporated towns in this State," approved June 19, 1885, the said election 17 shall be held under the provisions of said act. In unincorpo- rated townships, the qualified voters present shall choose, from amongst themselves, the number of judges required to open and conduct said election. 12. No person shall vote at any school election held under the provisions of this act, unless he possesses the qualifica- tions of a voter at a general election. 13. The time and manner of opening, conducting and clos- ing said election, and the several liabilities appertaining to the judges and clerks and to the voters, separately and collectively, and the manner of contesting said election, shall be the same as prescribed by the general election laws of this State defin- ing the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this act: Provided, that said election may commence, if so specified in the notice, at any hour between the hours of eight (8) o'clock a. m., and one (1) o'clock p. m., and the judges may close such election at four (4) o'clock p. m. 14. If, upon any day appointed for the election of trustees of schools, the said trustees of schools or judges shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if the majority of the voters present shall desire it, they shall postpone said 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, that if notice shall not have been given of such election, as required by section 8 of this article, then and in that case said election may be ordered as aforesaid, and holden on any other Saturday, notice thereof being given as aforesaid. >> 15. If the township treasurer shall fail or refuse to give notice of the regular election of trustees, as required by said section 8 of this article, and if, in case of a vacancy, the re- maining trustee or trustees shall fail or refuse to order an elec- tion to fill such vacancy, as required by section 16 of this arti- cle, then, and in each of such cases, it shall be the duty of the county superintendent to order an election of trustees to fill such vacancies as aforesaid, and all elections so ordered and held shall be valid to all intents and purposes whatever. 16. When a vacancy or vacancies shall occur in the board of trustees of schools, the remaining trustee or trustees shall order an election to fill such vacancy, upon any Saturday, notice to be given as required by said section 8 of this article. 17. In case of a tie vote at any election of trustees of schools, the election shall be determined by lot, on the day of the election, by judges thereof. 18. In townships where, for general elections, there are more than two (2) polling places, the trustees shall give notice that polls will be opened for such elections in at least two 2 S. 18 places; in which case at least one of said trustees shall attend at each of said places, and additional judges shall be chosen as provided in section eleven (11) of this article: Provided, there shall be at least one polling place for each eight hundred legal voters in said township. Should the polling places be in excess of the number of trustees, then the voters at such polling places so in excess shall select from their number the requisite number of voters, who shall act as judges of said election in the manner provided by said section eleven (11) for the election of trustees in unincorporated townships. Said judges shall return the ballots and original poll-books, with a certificate thereon, showing the result of the election in said precinct, to the township treasurer of the township in which said election shall be held, whereupon it shall be the duty of the board of trustees of said tow y nship, within five days after said election, to meet and to canvass the returns from each precinct, to make out a certificate showing the number of votes cast for each per- son in each precinct, and in the whole township, and shall file said certificate with the county superintendent of schools as otherwise provided by t law. 19. In counties adopting township organization, in each and every township whose boundaries coincide and are identi- cal with those of the town, as established under the township organization laws, the trustee or trustees shall be elected at the same time and in the same manner as the town officers. In all such townships, if no trustees are elected at the stated town meeting, and w T hen vacancies occur in the board, an elec- tion of trustee or trustees shall be ordered by the remaining trustee or trustees of schools, through the township treasurer, as provided for in section nine (9) of this article. 20. Upon the election of trustees of schools, the judges of the election shall, within ten (10) days thereafter, cause a copy of the poll -book of said election to be delivered to the county superintendent of the county, with a certificate thereon show- ing the election of said trustees and the names of the persons elected, which copy of the poll-book, with the certificate, shall be filed by said superintendent, and shall be evidence of such election. For a failure to deliver said copy of the poll-book and certificate within the time prescribed, the judges shall be liable to a penalty of not less than twenty -five dollars ($25) nor more than one hundred dollars ($100), to be recovered in the name of the People of the State of Illinois, by action of assumpsit, before any justice of the peace of the county, which penalty, when collected, shall be added to the township school fund of the township. S 21. When school trustees are elected at town meetings, as provided in section nineteen (19) of this article, it shall be the duty of the county clerk, as soon as the list of the names of officers elected at the tow r n meetings is filed with him, to give the county superintendent a list of the names of all school 19 trustees elected at the town meetings of the county, and of the towns for which they are elected. 22. Within ten -days after the annual election of trustees, the board shall organize by appointing one of their number president, and spme person who shall not be a director or trustee, but w*f6 shall be a resident of the township, treasurer, if ther^be a vacancy in this office, who shall be ex officio clerk of trie board. S 23. The president shall hold his office for one year, and the treasurer for two years, and until their successors are appointed, but either of said officers may be removed by the board for good and sufficient cause. S 24. It shall be the duty erf~ the president to preside at all meetings of the board and it shall be the duty of the clerk to be present at all meetings of the board, and to record in a book to be provided for the purpose all of their official proceedings, which book shall be a public record, open to the inspection of any person interested therein. All of said proceedings when re- corded shall be signed by the president and clerk. If the presi- dent or clerk shall be absent or refuse to perform any of the duties of his office at any meeting of the board, a president or clerk pro tern, may be appointed. 25. It shall be the duty of the board of trustees to hold regular semi-annual meetings on the first Mondays of April and October, and special meetings may be held at such other times as they think proper. Special meetings of the board may be called by the president or any two members thereof. At all meetings two members shall be a quorum for business. 26. At the regular semi-annual meetings on the first Mon- days of April and October, the trustees shall ascertain the amount of state, county and township funds on hand and sub- ject to distribution, and shall apportion the same as follows: First Whatever sum may be due for the compensation and the books of the treasurer, and such sum as may be deemed reasonable and necessary for dividing school lands, making plats, etc. Second And the remainder of such funds shall be divided among the districts, or fractions of districts, in which schools have been kept in accordance with the provisions of this act and the instructions of the state and county superintendents during the preceding year ending June 30, in proportion to the number of children under twenty -one (21) years of age in each. 27. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts, and the same shall be paid out by the treasurer on the legal orders of the directors of the proper districts in the same man- ner as other funds of the district are paid out. 28. The board of trustees of each tow r nship in this State shall prepare, or cause to be prepared, by the township treas- 20 urer, the clerk of the board, the directors of the several districts. or other person, and forwarded to the county superintendent of the county in which the township lies, on or before the 15th day of July, preceding each regular session of the General Assem- bly of this State, and at such other times as may be required by the county superintendent, or by the State Superintendent of Public Instruction, a statement exhibiting the condition of schools in their respective towns-hips for the preceding biennial period, giving separately each year, commencing on the first of July and ending on the last of June, which statement shall be as follows: First The whole number of schools which have been taught in each year; what part of said number have been taught by males exclusively; what part have been taught by females ex- clusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods. Second The whole number of scholars in attendance at all the schools, giving the number of males and females separately. Third The number of male and female teachers, giving each separately; the highest, lowest, and average monthly compen- sation paid to male and female teachers, giving each item sepa- rately. Fourth The number of persons under twenty-one years of age, making a separate enumeration of those above the age of twelve years who are unable to read and write, and the cause or causes of the neglect to educate them. Fifth The amount of the principal of the township fund ; the amount of interest of the township fund paid into the township treasury; the amount raised by ad valorem tax, and the amount of such tax received into the township treasury, and amount of all other funds received into the township treasury. Sixth Amount paid for teachers' wages; the amount paid for school house lots; the amount paid for building, repairing, purchasing, renting and furnishing school houses; the amount paid for school apparatus, for books and other incidental ex- penses for the use of school libraries; the amount paid as com- pensation to township officers and others. Seventh The whole amount of the receipts and expenditures for school purposes, together with such other statistics and information in regard to schools as the State Superintendent or county superintendent may require. And any township from which such report is not received in the manner and time re- quired by law, shall forfeit its portion of the public fund for the next ensuing year: Provided, that upon the recommenda- tion of the county superintendent, or for good and sufficient reasons, the State Superintendent may remit such forfeiture. 29. In all cases where a township is, or shall be divided by a county line or lines, the board of trustees of such township 21 shall make or cause to be made separate enumerations of male and female persons of the ages as directed by section 28 of this article, designating separately the number residing in each of the counties in which such township may lie, and forward each respective number to the proper county superintendent Ox each of said counties; and in like manner, as far as practicable, all other statistics and information enumerated and required to be reported in the aforesaid section, shall be separately re- ported to the several county superintendents; and all such parts of said statistical information as are not susceptible of division and are impracticable to be reported separately, shall be re- ported to the county superintendent of the county in which the sixteenth section of such township is situated. >? 30. At each semi-annual meeting, and at such other meet- ings as they may think proper, the said township board shall examine all books, notes, mortgages, securities, papers, moneys and effects of the corporation, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order thereon for their security, preserva- tion, collection, correction of errors, if any, and for their proper management, as may seem to said board necessary. 31. The trustees of schools in each township in the State may receive any gift, grant, donation or devise made for the use of any school or schools, or library, or other school pur- poses within their jurisdiction, and they shall be and are hereby invested, in their corporate capacity, with the title, care and custody of all school houses and school house sites: Pro- vided, that the supervision and control of such school houses and school house sites shall be vested in the board of direc- tors of the district. 32. When, in the opinion of any board of directors, the school house site or any buildings have become unnecessary or unsuitable or inconvenient for a school, the board of trustees, on petition of a majority of the voters of the district, shall sell and convey the same in the name of the said board, after giving at least twenty days' notice of such sale by posting up written or printed notices thereof, particularly describing said property, and the terms of sale, which notice may be in the following form, viz.: Public notice is hereby given that on the day of A. D , the trustees of schools of township No , range No. , will sell at public sale, on the premises hereinafter described, between the hours of ten o'clock A. M., and three 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 l>e 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 pay- ments, due in one and two years from the day of sale, with interest at the rate of per cent, from date.") A. B. C. D. E. F. Trustees 22 And the deed of conveyance of the property so sold shall be executed by the president and clerk of said board, and the proceeds of such sale shall be paid over to the township treasurer, for the benefit of said district. 33. All conveyances of real estate which may be made to said board, shall be made to said board in their corporate name, and to their successors in office. 34. The township board shall cause all moneys for the use of the townships and districts, to be paid over to the town- ship treasurer, who is hereby constituted and declared to be the only lawful depositary and custodian of all township and district school funds. They shall have power also to remove the township treasurer, at any time, for any failure or refusal to execute or comply with any order or requisition of said board, legally made and entered of record, or for other im- proper conduct in the discharge of his duty as treasurer. They^ shall also have power for any failure or refusal as aforesaid to sue him upon his official bond and recover all damages sus- tained by the said board in its corporate capacity, by reason, of such neglect or refusal as aforesaid. 35. The township trustees are hereby vested with general power and authority to purchase real estate, if in their opin- ion the interests of the township fund will be promoted thereby y in satisfaction of any judgment or decree wherein the said board or the county superintendent are plaintiffs or complain- ants; and the title of such real estate so purchased shall vest in said board for the use of the inhabitants of said township, for school purposes. 36. The board of trustees are hereby vested with general power and authority to make all settlements with persons in- debted to them in their official capacity; or to receive deeds to real estate in compromise; and to cancel, in such- manner as they may think proper, notes, bonds, mortgages, judgments and decrees, existing or that may hereafter exist, for the benefit of the township, when the interest of said township, or of the fund concerned shall, in their opinion, require it; and their action in the premises shall be valid and binding. 37. The board of trustees are hereby authorized to lease or sell at public auction, any land that may come into their possession in the manner provided for in either of the two pre- ceding sections in such manner and on such terms as they may deem for the interests of the townships: Provided, that in all cases of sale of such land, the sale shall be either at the door of the court house, where judicial sales of land are usually made, or else on the premises to be sold, as the trus- tees may order and direct: And, provided, that in all cases of sale of land, as provided in this section, the sale shall be made in the manner provided for sale of the sixteenth section by section 14 of article XIII of this act. 23 #K. Upon petition of not less than fifty voters of any school township, filed with the township treasurer at least fif- teen days preceding the regular election of trustees, it shall be the duty of said treasurer to notify the voters of said town- ship that an election "For" or "Against" a township high school will be held at the said next regular election of trus- tees, 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 day of such regular election; which notices may be in the following form, viz. : ''HIGH SCHOOL ELECTION." Notice is hereby given that on Saturday, the day of April, A. D , an election will be held at for the purpose of voting "For" or "Against" the proposition to establish a town- ship high school for the benefit of township No range No The polls for said election will be open at and close at o'clock of said day. ^ A. B.. Township Treasurer. Provided, that when any city in this State, having a popula- tion of not less than one thousand and not over one hundred thousand inhabitants, lies within two or more townships, then that township in which a majority of the inhabitants of said city reside shall, together with said city, constitute a school township under this act for high school purposes. [As amended by act approved June 19, 1891. )>!>. Tlu> ballots for such election shall be received and canvassed as in other elections, and may have thereon the name of the person or persons whom the voter desires for trustee or trustees. 40. If a majority of the votes at such election shall be found to be in favor of establishing a township high school, it shall be the duty of the trustees of the township to call a special election on any Saturday within sixty days from the time of the election establishing the township high school, for the purpose of electing a township board of education, to con- sist of five members, notice of which election shall be given for the same time and in the same manner as provided for in the election of township trustees. 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 each, two for two years, and one for three years, from the second Saturday of April next preceding their election. When- ever a vacancy occurs (except by death or resignation), a suc- cessor or successors shall be elected, each of whom shall serve for three years, which subsequent election shall be held on the same day and in the same manner as the election of township trustees. In case of vacancy from other cause than the expira- tion of the term of office, the board shall call an election with- out delay, which election may be held on any Saturday, notice of which shall be given for the same time and in the same 24 manner as for the election of township trustees. Within ten days after their election, the members of the township 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 the township 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. 41. For the purpose of building a school house, support- ing the school and paying other necessary expenses, the town-, ship shall be regarded as a school district; and the township board of education shall have the power and discharge the duties of directors for such district in all respects. 42. In like manner the voters and trustees of two or more adjoining townships, or paVfcs of townships, may co-op- erate in the establishment and maintenance of a high school, on such terms as they may, by written^ Agreement made and signed by the boards of trustees, enter into. 43. When any township, townships or parts of townships shall have organized a high school, and wish to discontinue the same, upon petition "of not4ss than a majority of the legal voters of said township, townships or parts of townships, filed with the township treasurers of said townships at least fifteen days preceding a regular election of trustees, it shall be the duty of the said treasurers to notify the voters of the township, townships or parts of townships, that an election will be held on the day of said regular election of trustees, for the purpose of voting "For" or "Against" discontinuing the township high school; which notice shall be given in the same manner and for the same length of time, and may be in substantially the same form as the notice provided for in sec- tion 38 of this article. 44. The ballots for such election shall be received and canvassed in the same manner as provided for in section 39 of this article. If the majority of the votes at such election shall be found in favor of discontinuing the high school, it shall be the duty of the trustees to discontinue the same, and turn all the assets of the said high school over to the school fund of the township or townships interested therein, in pro- portion to the assessed valuation of said townships, to be used as any other township fund for school purposes. 45. No trustee of schools shall be interested in the sales, proceeds or profits of any book, apparatus or furniture used, in any school in this State with which such trustee may be in any manner connected. For offending against the provisions of this section, any such trustee shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than twenty-five dollars 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. 25 46. Trustees of schools in newly organized townships shall lay off the township into one or more school districts, to suit the wishes or convenience of a majority of the inhabitants of the township, and shall prepare or cause to be prepared a map of the the township, on which map shall be designated the district or districts, to be styled, when there are more districts than one, "District No , in township No , range No. ...., of the .... P. M. (according to the proper numbers), county of , and State of Illinois." 47. In a township where such division into districts has been made, the said trustees may, in their discretion, at the regular meeting in April, when petitioned as hereinafter pro- vided for, change such districts as lie wholly within their township, so as First To divide or consolidate districts. Second To organize a new district out of territory belong- ing to two or more districts. Third To detach territory from one district and add the same to another district adjacent thereto. 4K No change shall be made as provided for in the pre- ceding section, unless petitioned for First By a majority of the legal voters of each of the dis- tricts affected by the proposed change. Second By two-thirds (f) of the legal voters living within certain territory, described in the petition, asking that said territory be detached from one district and added to another. Third By two- thirds (f ) of all the legal voters living within certain territory, containing not less than ten (10) families, asking that said territory may be made a new district. S 49. In school districts having a population of not less than one thousand inhabitants, whether acting under the gen- eral school law or organized and acting under a special char- ter, desiring a change of boundaries, the question of such change may be submitted to the trustees by a vote of the peo- plr. instead of by the petition provided for in the preceding section; and when petitioned so to do by twenty-five legal voters of the district, the school board of the district shall submit the question of the change desired to the voters of saicf district, at a special election called for that purpose, and held at least thirty days prior to the regular April meeting of trus- tees. If a majority of the votes cast at any such election shall be in favor of the change proposed, then, due return of the election having been made to the township treasurer, the town- ship trustees shall consider and take action the same as if petitioned therefor by a majority of the legal voters of such district: Provided, that no question of change of boundaries shall be submitted to a vote of the school district more than once in any year. [As amended by act approved June 18, 1891. 26 50. No petition shall be acted upon by the board of trus- tees unless such petition shall have been filed with the clerk of the said board of trustees at least twenty days before the reg- ular meeting in April, nor unless a copy of the petition, together with a notice in writing, signed by one or more of the petitioners, shall be delivered by the petitioners, or some one of them, at least ten days before the date at which th<> petition is to be considered, . to the president or clerk of the board of directors of each district whose boundaries will be changed if the petition is granted. Which notice may be in the following form, to- wit: The directors in District No , in township No range "No of the principal meridian, will take notice that the undersigned and others have made and filed with the board of trustees of said township their petition, a copy of which is herewith handed to you. Signed ij 51. At the said April meeting, by the concurrent action of the several boards of trustees of the townships in which the district or districts affected lie, each board being petitioned as provided for in section 48 of this article, the same changes may be made in the boundaries both of districts which lie in sepa- rate townships, but adjacent to each other, and of districts formed of parts of two or more townships, as are permitted to be made in districts which lie w T holly in one township. 52. When, at the regular meeting of the trustees in April, any petition shall come before the trustees, asking for any change in boundaries, it shall be the duty of the trustees to ascertain if the foregoing provisions have been strictly com- plied with; and if it shall appear that they, or either of them, have not been complied with, then, "in such case, the board shall adjourn for not longer than four weeks, in order that the foregoing provisions may be complied with, but there shall be but one adjournment for such purpose. 53. If, on the day of the regular meeting, or, in case of an adjournment, at the adjourned meeting, it shall appear that such provisions have been complied with, then the trustees shall consider the petition, and shall also hear any legal voters liv- ing in the district or districts that will be affected by the change if made, who may appear before them to oppose the petition, and they shall grant or refuse the prayer of the peti- tioners without unreasonable delay. After the trustees shall consider the petition, no objection shall be thereafter raised as to its form, and their action shall be prima facie evidence that all the formal requirements have been complied with. 54. The petitioners, or the legal voters wlio nave appeared before the trustees at the meeting when the petition was consid- ered, and opposed the same, shall have the right of appeal to the county superintendent of schools: Provided, that the party appealing files with the clerk of the trustees a written notice 27 of appeal within ten days after the final action upon the peti- tion by the trustees, which notice may be in the following- form, to- wit: To the trustees of schools, township No range No of county, Illinois: You are hereby notified that the undersigned will appeal from your decision, made on the day of , A. D , 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 55. When an appeal is taken from the action of the trus- tees to the county superintendent, the clerk of the trustees shall, within five days after the written notice of the appeal has been filed with him by the appellants, transmit all the papers in the case, with a transcript of the records of the trustees, showing their action thereon to the county superintend- ent; and, in case of an appeal, the township treasurer shall be required to take no further action in the matter, except upon the order of the county superintendent, whose duty it shall be to investigate the case upon such appeal; and if, in his opinion, the change asked is for the best interest of the district or dis- tricts concerned, he shall make such change or changes, but if he considers the proposed change unadvisable, he shall refuse to make it, and shall reverse, if need be, the action of the trustees, and shall give the clerk, from whom he received the paper, immediate notice of his decision; and his action shall be final and binding. If the changes asked for by the petitioners shall 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 there- upon make a record of the same, and shall, within ten days thereafter, make a copy of the same, and a map of the town- ship, showing the districts, and an accurate list of the tax-pay- ers 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. 56. In all cases where the territory affected by a proposed change of district 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 said territory is partly lo- cated; and upon any 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 will be heard; and the county superintendents of schools of the counties in which the said territory is located, shall meet together at such time and place, and together hear 28 and determine said appeal. In case the said county superin- tendents shall be unable to arrive at an agreement, then the Bounty judge of the county where such appeal is pending shall be called, and shall constitute one of the board of appeal, and thereupon the appeal shall be heard and determined by them. And 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 s'uch appeal, as hereinafter provided. 57. Whenever change in boundaries is made by the trus- tees of schools, if no appeal is taken to the county superin- tendent, the clerk of the trustees shall make a complete copy of the record of the action of the trustees; which copy shall be certified by the president of the trustees and the clerk who shall file the same, together with a map of the township, show- ing the districts, and an. accurate list of the tax-payers of the newly arranged districts, with the county clerk for record within twenty days of the action of the trustees. 58. In case any territory shall be set off from any dis- trict that has a bonded debt, the change not being petitioned for by a majority of the legal voters of said district, such original district shall remain liable for the payment of such bonded debt as if not divided. The directors of the original district having such bonded debt and of the district into which the territory taken from such original district has been incor- porated or formed, shall constitute a joint board for the pur- pose 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 such original dis- te'ict as if it had not been divided. * 59. When the trustees of schools shall organize a new dis- trict, as hereinbefore provided for, it shall 'be the duty of the clerk of the board of trustees, if no appeal is taken to the county superintendent, to order, within fifteen days after the aetion of the trustees, an election, to be held at some conven- ient time and place, within the boundaries of such newly or- ganized district, for the election of three school directors, notice being given by the township treasurer, who shall post up at least three notices of such election in at least three prominent places in said district, at least ten days prior to the time ap- pointed for holding such election, which notices shall specify the place where such election is to be held, the time for open- ing and closing the polls, and the object of said election, "which notice may be in the following form, to-wit: 29 "ELECTION NOTICE." Public notice is hereby given that on the day of A. D. an election will be held at for the purpose of electing three school directors for the new district known as district No , in. township No , range No , of the P. M., in county, Illinois. The polls at said election will be open at o'clock M., and close at o'clock M. By order of the board of trustees of said township. Signed Township Treasurer. 60. At the time appointed for opening the polls for said election, it shall be the duty of the legal voters present, five of whom shall constitute a quorum, to appoint three of their number, two of whom shall act as judges, and one as clerk of said election; and the election in all other respects shall be con- ducted as other elections for the election of school directors. 61. Within ten days after the election, it shall be the duty of the directors, elected at such election, to meet at some con- venient time and place previously agreed upon by said direc- tors, and organize as a district board by appointing one of their number president, and another of their number clerk of said board, as in other cases of the election of school directors. At this first meeting of the directors, they shall draw lots for their respective terms of office for one, two and three years, each of which shall be considered a fractional term, ending at each annual meeting according to the term drawn. 62. In case a new district is organized by the action of the county superintendent, the said clerk of the board of trus- tees 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 board of trustees, and such elec- tion shall be held in the same manner as the election provided for where the trustees have formed such new district. 63. Whenever a new district has been formed by the trus- tees, or by the county superintendent, or county superintend- ents, from a part of a district or from parts of two or more districts, the trustees of the township or townships concerned shall proceed forthwith to make a distribution of tax funds, or other funds which are in the hands of the treasurer, or to which the district may, at the time of such division, be entitled; so that both the old and new districts shall receive parts of such funds, in proportion to the amount of taxes collected next pre- ceding such division from the taxable property in the territory composing the several districts. If the new district be composed of parts of two or more districts, the trustees shall make dis- tribution of said 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 prop- 30 in the territory of the new district bears to the whole taxes collected, next before the division, in the old district; and the town 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 said 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. 64. The trustees of the township or townships concerned shall, at the time of the creation of a new district, or within the period of thirty days thereafter, proceed to the appoint- ment of three appraisers, who shall not be citizens of the town- ship or townships interested. It shall be the duty of said ap- praisers, within thirty days after their appointment, to appraise the school property, both real and personal, of the district or districts interested, at their fair cash value. Within thirty days after such appraisement, the trustee or trustees of the township or townships concerned shall proceed to charge the property to the district in which it may be found, and to credit the other district interested therein with its proportion of such valuation : Provided, that the bona fide debts, if any. 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 said property, its proportion of the value of said property, and of the funds then on hand, or subsequently to accrue, belonging to such district to which such property is charged. 65. If the trustees shall fail to observe the provisions of sections 63 and 64, in reference to distribution of funds and property, 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. Where trustees have heretofore failed to make distribution of property to districts, as provided in said sections 63 and 64 of this article, the district interested in the making of such distribu- tion may, by its directors, request the trustees, in writing, to proceed to make such distribution; and said trustees shall proceed to make such distribution in the manner prescribed, and shall be liable, as herein stated, for a neglect or failure so to do. 66. The clerk of any board of trustees who shall fail, neg- lect, or refuse to perform the duties imposed upon him by this article of this act, or any of them, within the time and in the manner prescribed, shall, for each offense, forfeit not less than ten dollars ($10), nor more than twenty-five dollars ($25) of his pay as clerk of the board of trustees and township treasurer, which forfeiture shall be enforced by the trustees. 67. If any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall 31 be the duty of the trustees of schools of the township, or town- ships, in which such district lies, to attach the territory of such district to one or more adjoining school districts; and, in case said territory is added to two or more districts, to divide the property of said district between the districts to which its ter- ritory is added, in the manner hereinbefore provided for the division of property in case a new district is organized from a part of another district, and the action of the trustees in such a ease shall be final and binding. And the clerk of the trustees in such case shall file a copy of the record of the same, to- gether with the map and list of tax-payers with the county clerk as in other cases of change of district boundaries. (is. The majority of legal voters of a district lying in two or more townships may secure the dissolution of said district by petitioning the several boards of trustees of said townships, at their regular meeting in April, that each will add the terri- tory belonging to said district, in its 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 several boards of trustees shall each make such disposition of the territory of said district as lies in its township, and they shall jointly make such division of property of said district between the districts to w T hich its territory is attached, as is hereinbefore provided in the case of the organi- zation of a new district from a part of another district. The action of the trustees, in accordance with such petition or elec- tion, shall be final and binding; and the clerks of the several boards of trustees, in such case, shall file a copy of the record of the same, together with the map and lists of tax-payers, with the county clerk, as in other cases of change of district bounda- ries. $ (W. The trustees of schools, elected as provided for in this article, shall be the successors to the trustees of school lands, appointed by the county commissioners* court, and of trustees of schools elected in townships under the provisions of ''An act making provisions for organizing and maintaining common schools," approved February 26, 1841, and "An act to estab- lish and maintain common schools," approved March 1, 1847, and ''An act to establish and maintain a system of free schools," approved April 1, 1872. All rights of property, and rights and causes of action, existing or vested in the trustees of school lands, or the trustees of schools appointed or elected as afore- said, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools, as successors, in as full and complete a manner as was vested in the trustees of school lands, or the trustees of schools appointed and elected a> -aforesaid. ARTICLE IV. TOWNSHIP TREASURER. Bond; form of bond. Treasurer's accounts; record of notes and bonds; subject to inspection. Terms of loans. 3. 4. Securities to pun to board of trustees. 5. t 6. Surplus district funds may be loaned. Statement of loans to be delivered to county superintendent. 7. Form and release of mortgage. 8. Action on mortgage; insurance policies. $ 9. Additional security. 10. Preference given to debts due to school fund. 11. Default in payment; penalty; action to recover interest. 12. Manner of bringing suits. 14. 15. 16. 17. 18. 19. 13. Treasurer shall keep money, books and papers, and keep funds at interest. Send annual statement to trustees. S 15. Annual exhibit. 16. Statement to districts; exhibit to be posted. Penalty for failure to perform require- ments of the preceding sections. Unpaid orders of teachers to draw in- terest. Additional duties defined 550. Treasurer liable for i'ailure to perform his duties, but not liable when acting under orders of board. 21. Bonds, securities, etc , to be turned over to successor; penalty and judgment. 22. Compensation of the treasurer. 1. The township treasurer appointed by the board of trustees of schools shall, before entering upon his duties, execute a bond with two or more freeholders, who shall not be mem- bers of the board, as securities, payable to the board of trustees of the township for which he is appointed treasurer, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to perform all the duties of township treasurer in township No , range No , in county according to law; which bond shall be approved by at least a majority of the board, and shall be delivered by one of the trustees to the county superintendent of the proper county. And in all cases where such treasurer aforesaid is to have $ie custody of all bonds, mortgages, moneys and effects denomi- nated principal, and belonging to the township for which he is appointed treasurer, the penalty of said treasurer's bonds shall be twice the amount of all bonds, notes, mortgages, moneys and effects; and shall provide for the faithful accounting for, and turning over, of all such bonds, notes, mortgages, moneys and effects as shall come into his hands while he may act as such treasurer, under such appointment, to his successor, when appointed and qualified, as herein provided, by giving bond. The penalty of said bond shall be increased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require, and whenever, in the judgment of the trustees or county superintendent, the security is insufficient. Any and every township treasurer appointed subsequent to the first, as herein provided, shall execute bond with security, as is required of the first treasurer. The bond required in this section shall- be in the following form, viz.: 33 STATE OF ILLINOIS, County; f ss ' 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 board of trustees of township , 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 , A. D., 18.... The condition of the above obligation is such that if the above bounden A. B., township treasurer of township , range , in the county aforesaid, shall faithfully discharge the duties of said office, according to the laws which now are or may hereafter be in force, and shall deliver to his successor in office, after such successor shall have fully qualified by giving bond as provided by law, all moneys, books, papers, securities and property which shall come into his hands or control, as such township treasurer, from the date of this bond up to the time that his successor shall have duly qualified as township treasurer, by giving such bond as shall be required by law, then this obligation to be void; otherwise to remain in full force and virtue. Approved and accepted by: G. H., ) A. B., (Seal.) I. J., ^Trustees. C. D., (Seal.) K. L., } E. K (Seal.) 2. Every township treasurer shall provide himself with two well bound books, the one to be called a cash book, the other a loan book. He shall charge himself in the cash book with all moneys received, stating the charge, when, from whom, and on what account received, and credit himself with all moneys paid or loaned, stating the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securi- ties; or, if real estate to be taken, a description of the same. He shall also enter, in separate accounts, moneys received and moneys paid out, charging the first to debit account, and cred- iting the latter as follows, to- wit: Ftrst The principal of the township fund, when paid in and when paid out. Second The interest of the township fund, when received and when paid out. Third The common school fund and other funds, when re- ceived from the county superintendent and when paid out. Fourth The taxes received from the county or town col- lector, for what district received, and when and for what pur- pose paid out. Fifth Donations received. Sixth Moneys coming from all other sources; and in all cases entering the date when received, and when paid out. And he shall also arrange and keep his books and accounts in such other manner as may be directed by the State or county super- intendent or the board of trustees. He shall also provide a book, to be called a journal, in which he shall record, fully and at length, the acts and proceedings of the board, their 3 S 34 orders, by-laws and resolutions. And he shall also provide a book, to be called a record, in which he shall enter a brief de- scription of all notes or bonds belonging 1 to the township, and upon the opposite page he shall note down when paid, or any remarks to show where or in what condition it is, as in the following form, viz.: Maker's Name. Date of Note. When Due. Amount. Remarks. January 6, 18..., handed A. B., C. D., E. F. January 1, 18. . January 1, 18. . $90.00 J^fc^JJ 1 * or January 6, 18.., paid. All the books and accounts of the treasurer shall at all times be subject to the inspection of the trustees, directors or other person authorized by this act, or by any committee appointed by the voters of the township, at the annual election of trus- tees, to examine the same. 3. Township treasurers shall loan, upon the following con- ditions, all moneys which shall come to their hands by virtue of their office, except such as may be subject to distribution. The rate of interest shall not be less than six (6) per cent., nor more than eight (8) per cent, per annum,* payable annually, the rate of interest to be determined by a majority of the town- ship trustees at any regular or special meeting of their board. No loans shall be made for less than six (6) months, nor more than five (5) years. For all sums not exceeding two hundred dollars ($200) loaned for not more than one year, two (2) re- sponsible sureties shall be given; for all sums over two hundred dollars ($200), and for all loans for more than one (1) year, security shall be given by mortgage on real estate unincum- bered, in value forty per cent, more than 'the amount loaned, with a condition that in case additional security shall be at any time required, the same shall be given to the satisfaction of the board of trustees for the time being: Provided, that nothing herein shall prevent the loaning of township funds to boards of school directors, taking bonds therefor, as provided in section 1, article IX, of this act. 4. Notes, bonds, mortgages and other securities taken for money or other property due, or to become due to the board of trustees for the township, shall be payable to the said board by their corporate name; and in such name, suits, actions and complaints, and every description of legal proceedings may be had for the recovery of money, the breach of contracts and for every legal liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of such cor- poration: Provided, however, that notes, bonds, mortgages and other securities in which the name of the county superin- tendent, or of the trustees of schools are inserted, shall be valid * 7 per cent, is the highest rate allowed by law on loans made ou or after July 1, 1891. 35 to all intents and purposes, and suit shall be brought in the name of the board of trustees as aforesaid. The wife of the mortgagor (if he is married) shall join in the mortgage given to secure the payment of money loaned by virtue of the pro- visions of this act. 5. Whenever there is a surplus fund in the treasurer's hands belonging to any school district, the treasurer may loan the same for the use and benefit of such district, upon the written request of the directors of said district and not other- wise; and all such loans shall be on the same conditions as are prescribed in this article for the loaning of township funds. 6. The township treasurer shall, on or before the 30th day of June, annually, prepare and deliver to the county superin- tendent of his county, a statement, verified by his affidavit, showing the exact condition of the township funds. Said state- ment shall contain a description of the securities, bonds, mort- gages and notes belonging to the township, giving names of securities, dates, amount of loans, rate of interest, when due, and all data by which a full understanding of the condition of the funds may be obtained. The county superintendent shall preserve such statement for the use of the township. $ 7. Mortgages to secure the payment of money loaned under the provisions of this act, may be in the following form, viz.: I. A. B., of the county of , and State of , do hereby grant, convey and transfer to the trustees of school of township , 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 dollars loaned to me, and for the payment of all interest that may accrue thereon to be computed at the rate of per cent, per annum until paid. And I do hereby covenant to pay the said sum of money in years from the date hereof, and to pay 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 re- quired in writing by said board of trustees; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions of covenant herein contained, I will de- liver 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 non-payment of either principal or interest, that the mortgagor will pay a reasonable solicitor's fee, and the same shall be in- cluded 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 consideration 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 hereby set our hands and seals this day of , 18.... A. B. (Seal.) C. B. (Seal.) 36 Which mortgage shall be acknowledged and recorded as is re quired by law for other conveyances of real estate, the mort- gagor paying expenses of acknowledgment and recording. On payment of any school mortgage in full, it shall be the duty of the trustees of schools to give a deed of release of such mortgage or to enter satisfaction thereof upon the record, such deed of release or satisfaction to be executed by the township treasurer. 8. Upon the breach of any condition or stipulation con- tained in said mortgage, an action may be maintained and dam- ages recovered as upon other covenants; but mortgages made in any other form to secure payment, as aforesaid, shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to secure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed may be included; but in any such case said improvements shall be insured for, the insurable value thereof in some safe and responsible insurance company or companies, and the policy or policies of insurance shall be transferable to the board of trustees as additional security for any loan, and shall be kept so insured until the loan is paid. 9. In all cases where the board of trustees shall require additional security for the payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be instituted for the recovery of the same, and all in- terest thereon to the date of judgment: Provided, that proof be made of the said requisition. 10. In the payment of debts by executors and administra- tors, those due the common school or township fund shall have a preference over all other debts, except" funeral expenses, the widows award, and the expenses attending the last sickness, not including the physician's bill. And it shall be the duty of the township treasurer to attend at the office of the probate judge upon the proper day, as other creditors, and have any debts, as aforesaid, probated and classed, to be paid as aforesaid. 11. If default be made in the payment of interest due upon money loaned by any county superintendent or township treasurer, or in the payment of the principal, interest at the rate of twelve per cent, per annum shall be charged upon the principal and interest from the day of default, which interest shall be included in the assessment of damages; or in the judg- ment in the suit or action brought upon the obligation to en- force payment thereof, and interest as aforesaid may be re- covered in an action brought to recover interest only. The said township treasurer is hereby empowered to bring appro- priate actions in the name of the board of trustees, for the recovery of the yearly interest, when due and unpaid, without suing for the principal, in whatever form secured; and justices of the peace shall have jurisdiction of such cases of all sums not exceeding two hundred dollars. 12. All suits brought or actions instituted under the pro- visions of this act, may be brought in the name of the trustees of schools of township No , range No , except as pro- vided for qui tarn actions, or actions in favor of county super- intendents. 3 13. The said township treasurer shall demand, receive and safely keep, according to law, all moneys, books and papers of every description belonging to his township. He shall keep the township funds loaned at interest; and if, on the first Monday in October, in any year, there shall be any interest or other funds on hand which shall not be required for distribution, such amount not required as aforesaid, may, if the board of trustees see proper, forever be considered as principal in the funds to which it belongs, and loaned as such. 14. On the first Mondays in April and October of every year, the township treasurer shall lay before the board of trus- tees a statement showing the amount of interest, rents, issues and profits that have accrued or become due since their last regular half-yearly meeting, on the township lands and town- ship funds, and also the amount of state and county fund in- terest on hand. He shall also lay before the said trustees all books, notes, bonds, mortgages and all other evidences of in- debtedness belonging to the township, for the examination of the trustees; and shall make such other statement as the board may require, touching the duties of his office. ij 15. The said township treasurer shall make out annually, and present io the board of trustees, at tfreir meeting succeed- ing 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, and the sources from which they have been derived, and the deficit and delin- quencies, if there be any, and the cause, as well as a classified statement of moneys paid out, and the amount of obligations remaining unpaid. 16. The township treasurer shall, within two days after the first Monday in April, and on July fifteenth in each year, make out 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 first and June thirtieth of each year; which statement or exhibit shall show the balance at the time of making the last exhibit, and the amount received since, up to the time of mak- ing the exhibit, and when and from what source received; and it shall also show the amount paid out during the same time, to whom paid, and for what purpose, and shall be balanced, and the balance shown. It shall be the duty of said treasurer to com- ply with any lawful demand the said trustees may make as to the verification of any balance reported by said 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 then, by the treasurer, be. without delay, delivered or 38 transmitted by mail to the clerk of the board of directors of the proper district. It shall be the duty of the said clerk, upon receiving such exhibit, to enter the same upon the records of the district, and, at the next annual election of directors there- after, to cause a copy thereof to be posted up at the front door of the building where such election is held. 17. 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 the preceding sections of this article, he shall be liable to a penalty of not less than five dollars ($5) nor more than fifty dollars ($50), to be recovered before any justice of the peace of the county in which the offense is committed, 18. When any order drawn for the payment of a teacher, is presented to the township treasurer for payment, and is not paid for want of funds, the said treasurer shall make a written statement over his signature by an endorsement on such order, with date, showing such presentation and non-payment, and shall make and keep a record of such endorsement. Such order shall thereafter draw interest at the rate of eight per cent, per annum until paid, or until the treasurer shall, in writing, notify the clerk of the board of directors that he has funds to pay such order; and of said notice, the said treasurer shall make and keep a record; after giving said notice, he shall hold the funds necessary to pay such order until it is presented for payment, and such order shall draw no interest after the giv- ing of said notice to said clerk of the board. 19. In addition to the foregoing requirements, it shall be the duty of the said* township treasurer Fir si To return to the county clerk of his county, on or be- fore the second Monday in August in each year, the certificate of tax levy made by each board of school directors in his township. Second To pay, whenever he has funds in his hands belong- ing to the district, all lawful orders drawn on him by the board of directors of any school district in his township. Third To collect, from the collector of taxes of the township and the county collector of taxes, the full amount of the tax levies made by the several boards of directors in his township. Fourth To examine the official record of each school district in the township on the first Mondays in April and October of each year. Fifth To keep a correct account between the districts where pupils are transferred by the directors from one district to an- other. Sixth To give, upon the order of the trustees of schools, notice of the election of trustees, as required by law. Seventh To give, in case of the formation of a new school district, notice of the election of a board of school directors. V\ B ft A f THK UNIVERSITY 39 Eighth To cause to be published in some newspaper pub- lished in his county an annual statement of the finances of the township, as required by law. Ninth To make, whenever a change has been made in the boundaries of a school district, a complete copy of the records of the trustees, a map of the township showing such change of boundaries, and an accurate list of the tax payers in the newly arranged districts, and file the same with the county clerk within twenty days of the time such change was made. Tenth To file and safely keep all poll-books and returns of elections which may be delivered to him under any provisions of this act. Eleventh To receive and safely keep all moneys, sucurities, papers and effects belonging to the township or the school dis- tricts, which, by law, are required to be deposited with such treasurer. 20. For any failure or refusal to perform all the duties re- quired of the township treasurer by law, he shall be liable to the board of trustees, upon his official bond, for all damages sustained, to be recovered by action of debt by said board, in their corporate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed; but if such treasurer, in any such failure or refusal, acted under and in conformity to a requisition or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the members of the board aforesaid, or those of them voting for such requi- sition, or order aforesaid, 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 proper townships: Provided, that said township treasurer shall be liable for any part of the judgment obtained against said trustees which cannot be collected on account of the insolvency of such trustees. 21. Whenever a township treasurer shall resign or be re- moved, and at the expiration of his term of office, he shall pay over to his successor in office all money on hand, and deliver over all books, notes, bonds, mortgages and all other securities for money, and all papers and documents of every description in which the corporation has any lawful interest whatever. And in case of the death of the township treasurer, his secur- ities and legal representatives shall be bound to comply with the requisitions of this section, so far as the said secureties and legal representatives may have the power so to do. And for a failure to comply with the requisities of this section, the persons neglecting or refusing shall be liable to a penalty of not less than ten dollars ($10) nor more than one hundred dol- lars ($100) at the discretion of the court before which judgment may be obtained, to be recovered in an action of debt, in the 40 name of the trustees of schools, before any justice of the peace, for the benefit of the school fund of such township: Provided that the obtaining or payment of such judgment shall in no wise discharge or diminish the obligations of the persons sign- ing the official bond of such township treasurer. 22. The township treasurers shall receive in full, for all services rendered by them, a compensation to be fixed, prior to their election, by the board of trustees. ARTICLE V. BOARD OF DIRECTORS. I 1. Board of directors in districts with lees than 1,0()0 inhabitants. 2. Board of directors a body politic. $ 3. Eligibility of school directors. 4. Non-residence creates a vacancy. 5. Annual election and term of office. . Election in new districts. 7. Vancancies 8. Notices of election . $ 9. Election in certain cases ordered by township treasurer or county superin- tendent. 10. Judges; postponement; election on any Saturday. 11. A tie vote. 12. Delivery of the poll-book, and filing the same; certificate. 13. Poll-book in union district. $ 14. Penalty for failure to deliver the poll- book 15. Organization of the board. ifi. Quorum. 17. Records. 18. Meetings. 18 Business to be done at a regular or special meeting. 20. President or clerk pro tern pore. 21. Report of the organization. 22. Reports of statistics, etc 23. Not to be interested in school con- tracts. 24 Not to be interested In sale of school books, etc. 25. Liable to indictment and fine. 26. Duties defined. 27. Additional powers defined. 28. Orders on demand. 29. Orders in anticipation of taxes. 30. Liable for balance due teachers. 31. Vote of the district required to locate school sites, etc. 32. dompeiisation for school site. 33. Removal by the county superintendent. 34. Funds paid out upon orders; form of order . 35. Transfer of pupils: separate schedules. 36. Directors collect amount due from trans- fer pupils. SECTION 1. In all school districts having a population of less than one thousand inhabitants, and not governed by any special act in relation to free schools now in force, there shall be elected in the manner hereinafter provided for, a board of di- rectors to consist of three members. [As amended by an act approved June 1, 1889. 2. The directors of each district are hereby declared a body politic and corporate, by the name of "school directors of District No , township No , range No , county of , and State of Illinois," and by that name may sue and be sued in all courts and places whatever. 3. Any person, male or female, married or single, of the age of twenty-one years and upwards, who is a resident of the school district, and who is able to read and write in the Eng- lish language, shall be eligible to the office of school director: Provided, that no person shall be eligible to the office of school director who is at the time a member of the board of school trustees. 4. If any director shall, during the term of his office, re- move from the district in which he was elected, his office shall 41 thereby become vacant and a new director shall be elected, as in other cases of vacancy in office. S 5. The annual election of school directors shall be on the third Saturday of April, when one director shall be elected in each district, who shall hold his office for three years, and until his successor is elected. S 6. In new districts, the first election of directors may be on any Saturday, notice being given by the township treasurer, as for the election of trustees, when three directors shall be elected, who shall, at their first meeting, draw lots for their respective terms of office, for one, two and three years. ij 7. When vacancies occur, the remaining director or direct- ors shall, without delay, order an election to fill such vacancies, which election shall be held on Saturday. >j s. Notices of all elections in organized districts shall be given by the directors at least ten days previous to the day of said election. Said notices shall be posted in at least three of the most public ' places in the district, and shall specify the place where such election is to be held, the time of opening and closing OA the polls, and the question or questions to be voted on. H. Should the directors fail or refuse to order any regular or special election, as aforesaid, it shall be the duty of the township treasurer to order such election, and if the township treasurer fails to do so, then it shall be, the duty of the county superintendent to order such election of directors within ten days, in each case of such failure or refusal, and the election held in pursuance of such order shall be valid, the same as if ordered by the directors. 10. Two ol the directors ordering such election shall act as judges, and one as clerk of such election. But if said directors or any of them shall fail to order an election, to attend, or shall refuse to ac\ when present, and in all unorganized districts and in elections to fill vacancies, the legal voters when assem- bled shall choose such additional members as may be necessary to act as two judges and a clerk of said election: Provided, that if upon the day appointed for said election, the said direct- ors or judges shall te of opinion that, on account of the small attendance of voters\ the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, when tVe voters shall proceed as if it were not an adjourned meeting: \And, provided, a/so, that if notice shall not have been given as ^bove required, then said election shall be ordered as aforesaid &id holden on any Saturday, notice thereof being given, as aforesaid. 11. In case of a tie vo^e, the judges shall decide it by lot on the day of the election. 42 12. Within ten days after every election of directors, the judges shall cause the poll-book to be delivered to the township treasurer, with a certificate thereon showing the election of said directors and the names of the persons elected; which poll-book shall be filed by the township treasurer, and shall.be evidence of said election. 13. In cases of a union district, made up of parts of two or more townships, the poll-book shall be returned to the township treasurer who receives the tax money for said district. 14. For a failure to deliver the poll-book within the time prescribed, the judges shall be liable to a penalty of not less than twenty-five dollars ($25) nor more than one hundred dol- lars ($100) to be recovered in the name of the People of the State of Illinois, by action of assumpsit, before any justice of the peace of the county, which penalty, when recovered, shall be added to the township school fund of the township. 15. The directors, within ten days after the annual election of the directors, shall meet and organize by appointing one of their number president, and another of their number clerk of such board of directors. 16. Two directors shall be a quorum for business. 17. The clerk of such board of directors shall keep a record of all the official acts of the board in a well -bound book pro- vided for that purpose, which record shall be signed by the presi- dent and clerk, and shall be 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 township treasurer may require. 18. The board of directors shall hold regular meetings at such times as they may designate; and* they may hold special meetings as occasion may require, at the call of the president or any two members. 19. No official business shall be transacted by the board except at a regular or special meeting. 20. If the president or clerk be absent from any meeting, or, being present, refuses to perform his official duties, a presi- dent or clerk pro tempore shall be appointed. 21. The clerk of each board of school directors shall report to the township treasurer or treasurers of the proper township or townships, immediately after the organization of the board, the names of the president and clerk of such board. 22. On or before the seventh 'lay of July, annually, the clerk of each board of directors shall report to the township treasurer having the custody of the funds of such district, such statistics and other information in relation to the schools of his respective district as the township treasurer is required to em- body in his report to the county superintendent, and the par- ticular statistics to be so reported shall be determined and des- 43 ignated by the State Superintendent of Public Instruction, or by the county superintendent. 23. No director shall be interested in any contract made by the board of which he is a member. 24. No director 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 he may be connected. $ 25. Any person offending against the provisions of the two preceding sections shall be liable to indictment, and, upon con- viction, shall be fined in any sum not less than twenty -five dol- lars ($25) and not more than five hundred dollars ($500), and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. 26. It shall be the duty of the board of directors of each district First At the annual election of directors to make a detailed report of their receipts and expenditures to the voters there present, and transmit a copy of such report to the township treasurer within five days from the time of said election. Second To report to the county superintendent, within ten days after their employment, the full names of all persons employed as teachers, the date of the beginning and the end of their contract. Third To provide for the necessary revenue to maintain free schools in their district in the manner provided for in article VIII of this act. Fourth When a district is composed of parts of two or more townships, the directors shall determine and inform the collec- tors of said townships, and the collector or collectors of the county or counties in which said townships lie, in writing, under their hands as directors, which of the treasurers of the townships from w T hich their district is formed shall demand and receive the tax money collected by the said collector as aforesaid. FiflhTo establish and keep in operation for at least one hundred and ten (110) days of actual teaching, in each year, without reduction by reason of closing schools on legal holi- days, or for any other cause, and longer if practicable, a suffi- cient number of free schools for the accommodation of all chil- dren in the district over the age of six (6) and under twenty- one (21) years, and shall secure for all such children the right and opportunity to an equal education in such free schools. Sixih To adopt and enforce all necessary rules and regula- tions for the management and government of the schools. Seventh To visit and inspect the schools from time to time as the good of the schools may require. E'(jkfh To appoint all teachers and fix the amount of their salaries. 44 Ninth The directors shall direct what branches of study shall be taught, and what text books and apparatus shall be used in the several schools, and strictly enforce uniformity of text books therein, but shall not permit text books to be changed oftener than once in four years, but shall prohibit such change.* Tenth The directors shall have power to purchase, at the expense of the district, a sufficient number of the text books used to supply children whose parents are not able to buy them. The text books bought for such purpose 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 The directors shall, on or before the seventh day of July, annually, deliver to the township treasurer, all teach- ers' schedules made and certified as required by the provisions of article VII of this act, covering all time taught during the school year, ending June 30th, and the directors shall be per- sonally liable to the district for any loss sustained by it, through the failure of the directors to examine and so deliver such schedules within the time fixed by law. Twelfth The directors shall not pay out any public money to any teacher unless such teacher shall, at the time of his or her employment, hold a certificate of qualification, obtained under the provisions of this act, covering the entire period of his or her employment. Thirteenth -The directors shall not pay any public funds to any teacher unless such teacher shall have kept and furnished schedules as required by this act, and shall have satisfactorily accounted for books, apparatus and other property of the dis- trict that he may have taken in charge. Fourteenth The directors shall pay teachers' wages monthly. Upon the receipt of schedules, properly certified, the directors shall at once make out and deliver to the teacher an order upon the township treasurer for the amount named in the schedule; which order shall state the rate at which the teacher is paid according to his contract, the limits of time for which the order pays, and that the directors have duly certified a schedule covering this time. But it shall not be lawful for the directors to draw an order until they have duly certified to the schedule; nor shall it be lawful for the directors, after the date of filing schedules as fixed by law T , to certify any schedule not delivered to them before that date by the teacher, when such schedule is for time taught before the first of July pre- ceding, nor to give an order in payment of the teacher's wages for the time covered by such delinquent schedule. Fifteenth At the annual election of directors, the directors shall cause a copy of the township treasurer's report of the * See act concerning alcohol and nanoricc, approved June 1. 1889. 45 financial condition of the district, provided by law, to be posted upon the front door of the building where such annual election is held. 27. The board of school directors shall be clothed with the following additional powers: First To use any funds belonging to their district, and not otherwise appropriated, for the purchase of a suitable book for their records. And the said records shall be kept in a punctual, orderly and reliable manner. Second Said directors may, where they deem the amount of labor done sufficient to justify it, allow the clerk of such board of directors, out of any fund not otherwise appropriated, com- pensation for duties actually performed. Third They shall have the power to dismiss a teacher for incom- petency, cruelty, negligence, immorality or other sufficient cause. Fourth They shall have power to assign pupils to the several schools in the district; to admit non-residents when it can be done without prejudice to the rights of resident pupils; to fix rates of tuition; collect and pay the same to the township! treas- urer for the use of said district. Fifth They may suspend or expel pupils who may be guilty of gross disobedience or misconduct, and no action shall lie against them for sucn expulsion or suspension. Sixth They may provide that children under twelve (12) years of age shall not be confined in school more than four hours daily. Seventh They may appropriate, for the purchase of libraries and apparatus, any school funds remaining after all necessary school expenses are paid. Eighth When any school district owns any personal property not needed for school purposes, the directors of such district may sell sucn property at public or private sale, as in their judgment will be for the best interest of the district, and the pro- ceeds of such sale shall be paid over to the treasurer of such district, for the benefit of said school district. Ninth They may grant special holidays whenever in their judgment such action is advisable: Provided, no teacher shall be required to make up the time lost by the granting of such holidays. Tenth They shall have the control and supervision of all school houses in their district, and may grant the temporary use of school houses when not occupied by schools, for religious meet- ings and Sunday schools, for evening schools and literary societies, and for such other meetings as the directors may deem proper. Eleventh They shall have power to decide when the school house site, or the school buildings have become unnecessary, or unsuitable, or inconvenient for a school. 46 Twelfth They may borrow money, and issue bonds therefor, ior building school houses, purchasing sites, repairing and im- proving school houses, in the way and manner provided for by article IX of this act. 28. The school directors shall draw no order or warrant payable on demand upon the township treasurer or against any fund in his hands, unless at the time of drawing such order or warrant there are sufficient funds in his hands to pay the amount of the same: Provided, this section shall not apply to orders issued to teachers for their wages. 29. Whenever there is no money in the treasury of any school district to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the board of directors to provide that all orders or warrants may be drawn and issued :against and in anticipation of the collection of any taxes already levied by said directors for the payment of the ordinary and necessary expenses of any such district, to the extent of seventy - five per centum of the total amount of said tax levy: Provided, that warrants drawn and issued under the provisions of this section shall show upon their face that they are payable solely from said taxes when collected, and not otherwise, and such warrants shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants or orders are drawn shall be set apart and held for their payment. 30. The school directors shall be liable as directors for the balance due teachers, and for all debts legally contracted. 31. It shall not be lawful for a board of directors to pur- chase or locate a school-house site, or to purchase, build or move a school house, or to levy a tax to extend schools be- yond nine months without a vote of the people at an election called and conducted as required by section 4 of article IX QJ this act. A majority of the votes cast shall be necessary to authorize the directors to act: Provided, that if no one locality shall receive a majority of all the votes cast at such election, the directors may, if in their judgement the public interest re- site; so chosen by them shall, in such case, be legal and valid, the same as if it had been determined by a majority of the votes cast; and the site so selected by either of the methods above provided 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 own- er's consent, by condemnation or otherwise. 32. In case the compensation to be paid for the school- house site mentioned in the preceding section cannot for any reason be agreed upon or determined between the school di- rectors and the parties interested in the land taken for such 47 site, then it shall be the duty of the directors of such district to proceed to have such compensation determined in the man- ner which may be at the time provided by law for the exercise of the right of eminent domain: Provided, that no tract of land lying outside of the limits of any incorporated city or village, and lying within forty rods of the dwelling house of the owner of the land, shall be taken for a school site without the owner's consent. 33. Any director willfully failing to perform his duties as director under this act, may be removed by the county superin- tendent, and a new election ordered, as in other cases of vacan- cies. $ 34. All funds belonging to any school district, and coming from any source, shall be paid out only on order of the board of directors, signed by the president and clerk of said board, or by a majority of said board. In all such orders shall be stated the purpose for which or on what account such order was drawn. Such order may be in the following form: The treasurer of township No , range No , in county, will pay to or bearer, dollars and cents," (on his contract for repairing school house, or whatever the pur- pose may be). By order of the board of directors of school district No. , in said township. A C 35. Pupils shall not be transferred * another without the written c<^~ rectors of each district. ^ Tr1 ' to and filed witv* ^ evidence - " -v^u. is in the ^^nool is taught, the separate schedules to ,viio shall credit the district in which and charge the other district with the r Amounts certified in said separate schedules to be due. . pupils are transferred from a district of another township, the schedule for that district shall be delivered to the directors thereof, who shall immediately draw an order on their treasurer in favor of the treasurer of the township in which the school was taught for the amount certified to be due in said separate schedule. 36. When a school is composed in part of pupils trans- ferred, as provided for in the preceding section, from other townships, the duty of collecting the amount due on account of such pupils shall devolve upon the directors of the district in which the school was taught. 46 Twelfth They may borrow money, and issue bonds therefor, ior building school houses, purchasing sites, repairing and im- proving school houses, in the way and manner provided for by article IX of this act. 28. The school directors shall draw no order or warrant payable on demand upon the township treasurer or against any fund in his hands, unless at the time of drawing such order or warrant there are sufficient funds in his hands to pay the amount of the same: Provided, this section shall not apply to orders issued to teachers for their wages. 29. Whenever there is no money in the treasury of any school district to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the board of directors to provide that all orders or warrants may be drawn and issued against and in anticipation of the collection of any taxes already levied by said directors for the payment of the ordinary and necessary expenses of any such district, to the extent of seventy - five per centum of the total amount of said tax levy: Provided, that warrants drawn and issued under the provisions of this section shall show upon their face that they are payable solely from said taxes when collected, and not otherwise, and such warrants shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants or orders are drawn shall be set apart and held for their payment. 30. The school directors shall be liable as directors for the balance due teachers, and for all debts legally contracted. 31. It shall not be lawful for a board of directors to pur- chase or locate a school-house site, or to purchase, build or move a school house, or to levy a tax to extend schools be- yond nine months without a vote of the people at an election ERRATUM. On page 46, Sec. 81, Art. V., insert the following line between lines nine and ten: "quires it, proceed to select a suitable school house site; and the' ana saia district shall have the right to take the same for the purpose of a school-house site either with or without the own- er's consent, by condemnation or otherwise. 32. In case the compensation to be paid for the school- house site mentioned in the preceding section cannot for any reason be agreed upon or determined between the school di- rectors and the parties interested in the land taken for such 47 site, then it shall be the duty of the directors of such district to proceed to have such compensation determined in the man- ner which may be at the time provided by law for the exercise of the right of eminent domain: Provided, that no tract of land lying outside of the limits of any incorporated city or village, and lying within forty rods of the dwelling house of the owner of the land, shall be taken for a school site without the owner's consent. S 33. Any director willfully failing to perform his duties as director under this act, may be removed by the county superin- tendent, and a new election ordered, as in other cases of vacan- cies. S 34. All funds belonging to any school district, and coming from any source, shall be paid out only on order of the board of directors, signed by the president and clerk of said board, or by a majority of said board. In all such orders shall be stated the purpose for which or on what account such order was drawn. Such order may be in the following form: The treasurer of township No , range No , in county, will pay to or bearer, dollars and cents, (on his contract for repairing school house, or whatever the pur- pose may be). By order of the board of directors of school district No. , in said township. A B , President. C D , Clerk. $ 35. Pupils shall not be transferred from one district to another without the written consent of a majority of the di- rectors of each district, which written consent shall be delivered to and tiled with the proper township treasurer, and shall be evidence of such consent. A separate schedule shall be kept for each district, and in each schedule shall be certified the proper amount due the teacher from that district, computed upon the basis of the total number of days' attendance of all schedules. If the district from which the pupils are transferred is in the same township as the district in which the school is taught, the directors of said district shall deliver the separate schedules to their township treasurer, who shall credit the district in which the school was taught, and charge the other district with the respective amounts certified in said separate schedules to be due. If pupils are transferred from a district of another township, the schedule for that district shall be delivered to the directors thereof, who shall immediately draw an order on their treasurer in favor of the treasurer of the township in which the school was taught for the amount certified to be due in said separate schedule. 36. When a school is composed in part of pupils trans- ferred, as provided for in the preceding section, from other townships, the duty of collecting the amount due on account of such pupils shall devolve upon the directors of the district in which the school was taught. 48 ARTICLE VI. BOARD OF EDUCATION. 17. Number of members in board of educa- cation of citie having over 100,000 in- habitants, and manner of their appoint- ment. 18. Eligibility to membership in boards of education in such cities. 19. Organization; employes of the board; term, etc.. 20. Records; yeas and nays. 21. Powers, with concurrence of city council J defined. 22. Other powers defined. 23. Duties defined. 24. Business to be done at a regular meet- ing. 25. Conveyances of real estate made to city in trust. 26. School moneys held by city treasurer. 27. City not liable for excess of expenditures; board not authorized to tax. 28. Powers of board not to be exercised by city council. 1. Cities and villages. 2. Boards of education in all districts not less than 1,000 inhabitants; number of members. 3. President of the board. <5 4. Duties and powers of the president. is 5. Annual election of members ; term of of- fice. 6. Notice of election ; form of notice. *$ 7. Election on any Saturday. 8. Conduct of election. 9. Election of members of board of educa- tion to succeed directors. 10. Powers and duties of the board defined. 8.11. Yeas and nays. 12. Business to be done at a regular or spe- cial meeting. 13. . Conveyances "of real estate; how made. 14. School moneys in charge of township treasurer. 15. Special acts may be relinquished; manner of change and form of notice. 16. Redistricting under this act; election of school boards. SECTION 1. Incorporated cities and villages, except such as now have charge and control of free schools by special acts, sliall be and remain parts of the school townships in which they are respectively situated, and be subject to the general provisions of the school law, except as otherwise provided in this article. 2. In all school districts having a population of not less than one thousand and not over one hundred thousand inhabit- ants, and not governed by any special act in relation to free schools now in force, there shall be elected, instead of the direct- ors provided by law in other districts, a board of education, to consist of a president of the board of "education, six members, and three additional members for every additional ten thousand inhabitants. Whenever additional members of such board o2 education are to be elected by reason of increased population of such district, such members shall be elected on the third Satur- day of April succeeding the ascertaining of such increase by any general or special census, and the notice of such election shall designate the term for which the members are to be elected, so that one-third of the board shall be elected for each year: Provided, that in no case shall said board consist of more than fifteen members. 3. The president of said board of education shall be elected annually, at the same time the members of the board of educa- tion are elected, and he shall hold his office for the term of one year, and until his successor is elected and qualified. 4. The president of the board of education so elected shall preside at all meetings of said board, and shall give the cast- ing vote in case of a tie between the members thereof; but other- wise he shall not have a vote. He shall sign all orders for the ; 49 payment of money ordered by said board, and generally per- form such duties as are imposed by law upon presidents of boards of directors, or that may be imposed upon him by said board of education, not in conflict with law: Provided, that in the absence or inability to act as said president, said board may appoint a president pro 1 em pore from their number. g 5. The annual election of members of the board of edu- cation shall be on the third Saturday in April, when one-third of the members shall be elected for three years, and until their successors are elected and qualified. 6. Notice of such election shall be given by the board of education at least ten days previous to such election by post- ing notices in at least three of the most public places in said district, which shall specify the place where such election is to be held, the time of opening and closing the polls and the purpose for which such election is held, which notice may be in the following form, to- wit: Public notice is hereby given, that on Saturday, the day of April A. D , an election will be held at , between the hours of and of said day, for the purpose of electing 1 a presi- dent of the board of education of district No township No , range No , and members of the board of education of said district. Dated this day of , A. D A B , President. C D , Clerk. $7. In case of a failure to give the notice above provided for, such election may be held on any Saturday after such notice has been give as aforesaid. S s. Such election shall be conducted in the same manner, and be governed by the provisions of this act relating to the election of boards of directors, except as otherwise provided by law. l .. At the first election of directors succeeding the passage of this act, in any district having a population of not less than one thousand (1,000) inhabitants by the census of 1880, and in such other districts as may hereafter be ascertained by any special or general census to have a population of not less than one thousand (1,000) inhabitants, at the first election of directors occurring after taking such special or general census, there shall be elected a board of education, who shall be the successors of the directors of the district; and all rights of property and all rights or causes of action existing or vested in such directors, shall vest in said board of education, in as full and complete a manner as was vested in the school direc- tors. Such board,' at its first meeting, shall fix, by lot, the terms of office of its members, so that one-third of them shall serve for one year, one-third for two years, and one-third for three years, and thereafter one- third shall be elected annually on the third Saturday in April, to fill the vacancies occurring, and to serve for the term of three years. S. 50 10. The board of education shall have all the powers of school directors: and, in addition thereto and inclusive thereof, they shall have the power and it shall be their duty First To establish and support free schools not less than six nor more than ten months in each year. Second To repair and improve school houses, and furnish them with the necessary fixtures, furniture, apparatus, libraries and fuel. Third To examine teachers as supplemental to any other ex- amination, to employ teachers and to fix the amount of their salaries. [As amended by act approved June 19, 1893. Fourth To establish schools of different grades, and make regulations for the admission of pupils into the same. Fifth To buy or lease sites for school houses, with the nec- essary grounds: Provided, 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 voters voting at an election called for such purpose in pursuance of a petition signed by not less than five hundred (500) legal voters of such district, or by one -fifth of all the legal voters of such district. Sixth To levy a tax, annually, upon the taxable property of the district, in the manner provided in article VIII of this act, for the purpose of supporting and maintaining free schools in accordance with the powers herein conferred: Provided, that it shall not be lawful for such board of education to levy a tax to extend schools beyond a period of ten months in each year, except upon petition of a majority of the voters of the district: And provided, further, that all taxes shall be levied under the limitations relating to the percentage of the assessment, as provided by section 1, article VIII of this act. Seventh To employ, should they deem it expedient, a com- petent and discreet person or persons as superintendent or superintendents of schools, and fix and pay a proper salary or salaries therefor, and such superintendent may be required to act as principal or teacher in such schools. Eighth To lay off and divide the district into sub-districts, and from time to time alter the same, create new ones and consolidate them. Ninth To visit all the public schools as often as once a month to inquire into the progress of scholars and the govern- ment of the schools. Tenth To prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner. * Eleventh To expel any pupil who may be guilty of gross disobedience or misconduct. No action shall lie against them for such expulsion. * See act concerning alcohol and narcotics, approved Jane 1, 1889. 51 Twelfth To dismiss and remove any teacher, whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the schools may, in their opinion, require such removal or dismissal. Thirteenth 'To apportion the scholars to the several schools. Fourteenth To establish and promulgate all such by-laws, rules and regulations for the government and the establish- ment and maintenance of a proper and uniform system of dis- cipline in the several schools, as may, in their opinion, be necessary. Fifteenth To take charge of the school houses, furniture, grounds and other property belonging to the district, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated. Sixteenth 'To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to or under the control of the district. Seventeenth To appoint a secretary and provide well bound books at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. Eighteenth To annually prepare and publish in some news- paper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of study pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the objects of such expenditures. 11. In 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. 12. None of the powers herein conferred upon boards of education shall be exercised by them, except at a regular or special meeting of the board. 13. All conveyances of real estate shall be made to the township trustees in trust for the use of schools, and no con- veyance of any real estate or interest therein used for school purposes, or held in trust for schools, shall be made, except by the board of trustees, upon the written request of such board of education. S 14. All money 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 township treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof. 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote of its electors, cease to control such schools under 52 such special act, and become part of the school township in which it is situated, and subject to the control of the trustees thereof, under and according to the provisions of this act. Upon petition of fifty voters of such city, town, township or district, presented to the board having control and manage- ment of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town or township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "Organization under the Free School Law;" which notice may be in the following form, to- wit: Public notice is hereby given that on the day of A. D. an election will be held at , between the hours of M. and M. of said day, for the purpose of deciding the ques- tion of "Organization under the Free School Law." 16. If it shall appear, on a convass of the returns of such election, that a majority of the votes cast at such election are "For Organization under the Free School Law," then at the next ensuing regular meeting of the board of trustees of the town- ship or townships in which such city, incorporated town, town ship or district is situated, said trustees shall proceed to re- district the township or townships as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhabitants in x their respective townships, and to make a divi- sion of funds and other property in the manner provided for by section 63 of article III of this act, and on any Saturday thereafter there shall be elected, in each of the new districts so formed, a director, directors or board of education, as the case may be, in the manner provided for in section 6 of article V of this act. and thereafter such districts shall proceed as other districts under this act; but all subsequent elections of directors or boards of education shall be conducted as provided in sections 5 and 8 of article V of this act. * 17. In cities having a population exceeding one hundred thousand inhabitants, from and after this act shall take effect, the board of education shall consist of twenty-one members, to be appointed by the mayor, by and with the advice and con- sent 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: Provided, however, that in such cities wherein there is now a board of education, hold- ing their office by appointment, such officers shall continue in office until the time at which their terms would have expired under the law in force at the time of their appointment. 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 the appointment of the mayor, * See further provision in act approved June 2, 1891. 53 with the approval of the common council, for the unexpired term: And, provided, further, that from and after this act shall take effect there shall be appointed by the mayor, by and with the advice and consent of the common council, six members, two of whom shall be appointed for the term of one year, two for the term of two years, and two for the term of three years. [As amended by act approved June 22, 1891. is. Any person having resided in any such city more than five years next preceding his appointment, shall be eligible to membership of such board of education. 19. The said board of education shall appoint a president and secretary, the president to be appointed from their own number, and shall appoint such other officers and employes as such board shall deem necessary, and shall prescribe their duties and compensation and terms of office. >j 20. The said board shall provide well-bound books, at the expense of the school tax fund, in w r hich shall be kept a faithful 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. 21. The said board of education shall have charge and con- trol of the public schools in such citie.s, 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 nec- essary grounds. Third To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds; to borrow money for school purposes upon the credit of the city. 22. The said board of education shall have power First To furnish schools with the necessary fixtures, furni- ture and apparatus. Second To maintain, support and establish schools, and sup- ply the inadequacy of the school funds for the salaries of school teachers from school taxes. Third To hire buildings or rooms for the use of the board. Fourth To hire buildings or rooms for the use of schools. Fifth To employ teachers and fix the amount of their com- pensation. Sixth To prescribe the school books to be used, and the studies in the different schools.* Seventh To lay off and divide the city into school districts, and from time to time to alter the same and create new ones, as circumstances may require, and generally to have and pos- 8ee act concerning alcohol and narcotics, approved June 1, 18s9. 54 sess 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. Eighth To expel any pupil who may be guilty of gross dis- obedience or misconduct. Ninth To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the school may, in their opinion, re- quire such removal or dismission. Tenth To apportion the scholars to the several schools. Eleventh To lease school property, and to loan moneys be- longing to the school fund. 23. It shall be the duty of such board of education First To take the entire superintendence and control of the schools in such cities. Second To examine all persons offering themselves as can- didates for teachers, and when found well qualified, to give them certificates gratuitously. Third To visit all the public schools as often as once a month. Fourth To establish all such by-laws, rules and regulations for the government and for the establishment and maintenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary. Fifth To determine from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers and fix their compensation. Sixth To take charge of the school-houses, furniture, grounds and other property belonging to the school districts, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated. Seventh To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to the said districts. Eighth To inquire into the progress of scholars and the government of the schools. Ninth To prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner. Tenth To prescribe what studies shall be taught, and what books and apparatus shall be used. Eleventh To report to the city council, from time to time, any suggestions they may deem expedient or requisite in rela- tion to the schools and the school fund, or the management thereof, and generally to recommend the establishment of new schools and districts. 55 Twelfth To prepare and publish an annual report, which shall include the receipts and expenditures of each school, speci- fying the source of such receipts and the object of such expendi- tures. Thirteenth To communicate to the city council, from time to time, such information within their possession as may be re- quired. -4. None of the powers herein conferred upon the board of education of such cities shall be exercised by them except at a regular meeting of such board. $ 25. All conveyances of real estate shall be made to the city in trust, for the use of schools, and no sale of real estate or interest therein, used for school purposes, or held in trust for schools, shall be made except by the city council, upon the writ- ten request of such board of education. g 26. 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 clerk. 5 27. Said board of education shall not add to the expendi- tures 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 said board shall so add to such expenditure the city shall not, in jny case, be liable therefor. And nothing herein contained shall be construed so as to authorize any such board of education to levy or collect any tax upon the demand, or under the direction of such board of education. 28. All schools in such cities shall be governed as herein- before stated, and no power given to the board of education shall be exercised by the city council of such city. ARTICLE VII. TEACHERS. 1. Age and qualifications; graduates of county normal schools, 2. State certificates. 3. First and second grade certificates; sub- jects for examination: renewal and revo- cation; form of certificate. 4. Uncord by county superintendent. 5. Hunt have a certificate. 6. Subjects to be taught. 7. Examinations by county superintendent. 8. frwe to be charged. 9. Moneys thus received paid to county treasurer. 10. Annual institute. I 11. No deduction of wages when attending institutes held on t>chool days. 12. Responsible for the property of the dis- trict. 13. Must keep registers; form of register. 14. Schedule?, or statements of attendance to be made; form of schedule. 15. Schedules to be delivered to directors; certificate of directors. 16. Teacher's wages payable monthly; un- oaid orders to draw interest. 18. School month; holidays. SECTION 1. No teacher shall be authorized to teach a common school under the provisions of this act who is not of good moral 56 character, at least eighteen years. of age, if a male, or seventeen years of age, if a female, and who does not possess a certificate of qualifications as hereinafter provided for : Provided, that in any county in which a county normal school is established, un- der 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 evi- dence of qualification to entitle the holder to a first grade cer- tificate; but such diplomas shall not be sufficient after two years from such graduation. 2. The State Superintendent of Public Instruction is hereby authorized to grant State certificates to such teachers as may be found worthy to receive them; such certificates shall be of two grades, and both shall be valid in every county and school dis- trict in the State. The higher grade shall be valid during the lifetime of the holder, and the -lower grade shall be valid for five years. But State certificates shall only be granted upon public examination, of which due notice shall be given, in such branches and upon such terms and by such examiners as the State Superintendent and the principals of the State universities may prescribe. Said certificates may be revoked by the State Superintendent upon proof of immoral or unprofessional con- duct.* [As amended by an act approved April 28, 1893. 3. It shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examina- tion, be found qualified. Said certificates shall be of two grades: those of the first grade shall be valid in the county for two years, and shall certify that the person to whom such certifi- cate is given is of 4 good moral character, and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, the elements of the natural sciences, the history of the United States, physiology and the laws of health. Certificates of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is given is of good moral character, and is quali- fied to teach orthography, reading in c English, penmanship, arithmetic, English grammar, modern geography, and the his- tory of the United States:* Provided, that teachers exclusively teaching music, drawing, penmanship, book-keeping, German or any other special study 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 the certificate. The county superin- ten(Jent may, in his option, renew said certificates at their ex- piration by his endorsement thereon, and may revoke the same at any time for immorality, incompetency, or other just cause. Said certificates may be in the following form, viz. : * See act concerning alcohol and narcotics, approved June 1, 1889. 57 . .... Illinois, A. D The undersigned, having examined in orthography, reading' in English, penmanship, arithmetic, English grammar, modern geography, the history of the United States, and methods of teaching, and being- satisfied that is of good moral character, hereby certifies that/ , .qualifications in the above branches are such as to entitle to this certificate, being of the. grade, and valid in said county for year from the date hereof, renewable at the option of the county superintendent by his endorsement thereon. Given under my hand and seal at the date aforesaid. A. B., County Superintendent of Schools. [As amended by an act approved June 21, 1895.] 4. Each county superintendent shall also keep a record, in a book provided for that purpose, of all teachers to whom he grants certificates Said record shall show the date and grade of each certificate and all renewals granted, and the name, age and nativity of each teacher ; and shall give the names of male and female teachers separately. Said record may be as follows, viz. : Name. Age. Nativity. Date. Grade. Experience. Graduated. Chas. 25 Illinois. March 1, 1888. 1. Has taught State Normal Thompson. 5 years. University 5. No teacher shall be entitled to any portion of the com- mon school or township fund, or other public fund, or be em- ployed to teach any school under the provisions of this act, who shall not, at the time he enters upon his duties as such teacher, have a certificate of qualification obtained under the provisions of this act from the superintendent. of the State, or the county superintendent of the county in which the school is located, entitling him to teach. [As amended by act approved June 19, 1893.] 6, Every school established under the provisions of this act shall be for instruction in the branches of education pre- scribed in the qualifications for teachers, and in such other branches, including vocal music and drawing, as the director s r or the voters of the district at the annual election of director s r may prescribe. 7. It shall be the duty of the county superintendents to hold meetings, at least quarterly, and oftener if necessary, for the examination of teachers, on such days and in such places in the respective counties, as will, in their opinion, accommo- date the greatest number of persons desiring such examination. Notice of such meetings shall be published a sufficient length of time, in at least one newspaper of general circulation, the expense of such publication to be paid out of the school fund. 8. The county superintendent shall in all cases require the payment of a fee of one dollar from every applicant for ex- amination for a teacher's certificate, and for each renewal of such a certificate he shall require the payment of a fee of one dollar. 58 9. All moneys so received from applicants for teachers* certificates, and from the registration fees hereinafter provided for, the said county superintendent shall transmit monthly to the county treasurer, to be by him held and designated as the institute fund, and with such fund the county superintendent shall give the treasurer a list of the names of the persons pay- ing such fees. Said fund shall be paid out by the county treas- urer only upon the order of the county superintendent, and only to defray the expenses of the teachers' institutes, which the county superintendent is, by the following sections, authorized to hold. The county superintendent shall take vouchers for all payments made out of the institute fund, and he shall render an account of such disbursements, with vouchers for the same, to the county board at their regular meeting in September an- nually. 10. The county superintendent shall hold, annually, a teachers' institute, continuing in session not less than five days, for the instruction of teachers and those who may desire to teach; and, with the concurrence of the State Superintendent of Public Instruction, procure such assistance as may be necessary to conduct said institute at such time as the schools of the county are generally closed: Prov ded, that two or more ad- joining counties may hold an institute together. At every such institute, instruction shall be free to such as hold certificates good in the county (or counties where two or more join to hold an institute) in which the institute is held ; but the county sup- erintendent shall require all others attending to pay him a reg- istration fee of one dollar, except those who have paid him an examination fee as required "by section 8 of this article, and failed to receive a certificate. 11. The time, not exceeding three days in any one term, or five days in any one school year, during term time, actually spent by a teacher of any public school in this State in attend ance upon a teachers' institute, held under the direction of the county superintendent of schools, shall be considered time law- fully expended by such teacher in the service of the district where such teacher is employed, and no deduction of wages shall be made for such absences. And it shall be the duty of the school officers and boards of education to allow teachers to vdose their schools for such attendance upon such institute. 12. It shall be the duty of every teacher employed in the public schools of the State to see that the school property of the district, placed under his care and control, is not unneces- sarily damaged or destroyed. And no teacher shall be paid any part of the school funds, unless he shall have kept and furnished schedules (when required by law) as hereinafter directed, and shall also have satisfactorily accounted for all books, appa- ratus and other property belonging to the district, which he may have taken in charge. 13. Teachers shall keep correct daily registers of their schools, which shall exhibit the name, age. and attendance of 59 each pupil, the day of the week, the month and the year. Said registers shall be as nearly as may be, in the following form, the absence of each scholar being signified by a mark, the presence by a blank, viz: Register of a common school kept by A. B., at in district l^o , in township No , range of the principal meridian, in the county of , in the State of Illinois. ^NAMES AND AGES OF SCHOLARS ATTENDING SCHOOL. 888.. Monday. I '~ 3 t T. a ss <$ 8. All acts and parts of acts in conflict with this act are hereby repealed. 4. Whereas, an emergency exists requiring this act to take immediate effect, therefore be it enacted that this act shall be in force from and after its passage. APPROVED June 2. 1891. 94 CHILD LABOR EMPLOYMENT OF CHILDREN UNDER 13 YEARS OF AGE PROHIBITED. Prohibits any person, firm or corpora- tion from employing any child under 13 years of age, except as provided in this act. Certificate of the school board authoriz- ing employment. 3. No certificate shall be issued unless the child has attended school at least 8 weeks in the current school year. 4. No child shall be employed for more than one day without such certificate. 5. Penalties for violation of this act. AN ACT to prevent child labor. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly: That it shall be un- lawful for any person, firm or corporation to employ or hire any child under thirteen years of age except as hereinafter pro- vided. 2. In case it shall be made to appear to the board of edu- cation or of school directors that the labor or services of any child constitutes and is the means of support of an aged or infirm relative, and that such relative is, in whole or in part, dependent upon such child, then the board of education or school directors shall issue to such child a certificate authoriz- ing the employment of such child; such certificate shall state the name, residence and age of such child, and a record thereof shall be kept by the board of education or school directors in a book kept for that purpose. 3. No such certificate shall be granted to any child unless it shall be shown to the board of education or school directors [of the district] in which such child resides, that such child has attended some public or private day school for at least eight (8) weeks in the current school year. 4. No person, firm or corporation shall employ any child under the age of thirteen years, in any store, shop, factory or manufacturing establishment, by the day, or any period of time greater than one day, unless such certificate be furnished, nor shall he permit any such child to work in his employ with- out such certificate. He or they shall be authorized to retain the certificate of any such child employed by him, which shall be evidence admissible in any court. 5. Any person, firm or corporation who violates the pro- visions of this act, and any father, guardian or person having control of any child under the age of thirteen years, who willingly permits or consents to the employment of such child without such certificate as is prescribed by section three of this act shall, for every offense, be fined in a sum not less than ten nor more than fifty dollars, for the use of public schools of the city or district in which such child resides. And every day of the employment of any such child shall be deemed a sep- arate offense. APPROVED June 17, 1891. 95 WOMEN MAY VOTE AT SCHOOL ELECTIONS. Confers the right of suffrage upon women 21 years of age and over who may vote at elections for school officers. Regis- tration. Shall be permitted to vote for school offi- cers at any election. Ballots, at general elections, to be put into separate boxes. AN ACT to entitle women to vote at any election held for the pur- pose of choosing any officer under the general or special school laws of this State. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly: Any woman of the age of twenty-one years and upwards, belonging to either of the classes mentioned in article 7 of the Constitution of the State of Illinois, who shall have resided in this 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 officer of schools under the general or special school laws of this State, shall be entitled to vote at such election in the school district of which she shall at the time have been for thirty days a resident: Provided, any woman so desirous of voting at any such election shall have been registered in the same manner as is provided for the registration of male voters. 2. Whenever the election of public school officers shall occur at the same election at which other public officers are elected, the ballot offered by any woman entitled to vote under this act shall not contain the name of any person to be voted for at such election, except such officers of public schools, and such ballots shall all be deposited in a separate ballot-box, but can- vassed with other ballots cast for school officers at such election. APPROVED June 19, 1891. EXISTING INDEBTEDNESS. $ 1. Authorizes the directors of any school district, created by special act, the limits of which are co extensive with a city, to assume and pay any existing indebtedness. AN ACT to allow directors of schools under special laws to assume and provide for indebtedness heretofore created by the authorities of a city for school purposes. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any city in this State is by special law made a school district, or when- ever any school district created by special law shall be co- terminous with any city, the directors of such district shall have the power, at the request of the city council, to assume and provide for, by borrowing and taxation, any indebtedness now existing, created by the authorities of the city for school purposes. APPROVED June 22, 1891. 96 COMPULSORY ATTENDANCE. 1. Requires that children between the ages of 7 and 14 years shall attend school at least 16 weeks in each year unless ex- empt. 2. Penalties for violation of this act. 3. Appointment of truant officers. Hearing of charges for non-attendance. 4. Recovery of fines and penalties. 5. Penalties for evasion of this act. AN ACT concerning the education of children. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly That every person having control of any child between the ages of seven (7) and fourteen (14) years, shall annually cause such child to attend for at least sixteen (16) weeeks, twelve weeks of which attend- ance shall be consecutive, some public or private day school: Provided, that this act shall not apply in any case where the child has been or is being otherwise instructed for a like period of time in the elementary branches of education, or whose physical or mental condition renders his or her attendance im- practicable or inexpedient, or who is excused for sufficient rea- sons by any competent court of record. 2. . For every willful neglect of such duty as prescribed by section one (1) of this act, 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 one dollar ($1) nor more than twenty dollars ($20), and costs of suit. 3. The board of education in cities, towns, villages and school districts, and the board of school directors in school districts may, at their discretion, appoint one or more proper persons, whose duty it shall be to report all violations of this act in writing to such board of education or board of direct- ors, whose duty it shall be, when in their opinion the evidence renders such action necessary, to notify in writing the parent or guardian that such complaint has been made, and if cause be not shown within five (5) days, to at once proceed against the responsible person as is hereby provided. It shall also be the duty of said board of education in cities, towns, villages and school districts and boards of school directors in school districts, to appoint one of their number, who shall be a dis- creet and proper person, whose duty it shall be to hear excuses and reasons of parents or guardians for the non-attendance of children at school and to report in writing to said boards of education or boards of directors at the next regular or special meeting the names, ages and postoffice addresses of all per- sons prosecuted under the provisions of this act. The persons appointed as such officers shall be entitled to such compensa- tion for services under this act as shall be determined by the boards appointing them, and which compensation shall be paid out of the distributable school fund. 4. Any fine and penalty mentioned in this act may be sued for and recovered before any court of record or justice of the 97 peace of the proper county in the name of the People of the State of Illinois for the use of the public schools of the city, town, village or district in which said child resides. 5. Any person having control of a child, who, with intent to evade the provisions of this act, shall make a willfulfly] false statement concerning the age of such child or the time such child has attended school, shall for such offense forfeit a sum of not less than $3 nor more than $20, for the use of pub- schools for such city, town, village or district. APPROVED June 19, 1893. INSPECTORS ELECTED UNDER CERTAIN SPECIAL ACTS. Certain districts, containing over 20,000 and less than 100,000 inhabitants, hav- ing special charter*, though divided for the election of school inspectors, are made undivided districts with added powers for the control and management of schools. 2. Moneys raised by taxation, how drawn and applied. { 8. Record of the proceedings of boards of inspectors. 4. Emergency. AN ACT extending 1he powers of boards of school inspectors elected under certain special acts SECTION 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State having over 20,000 and less than 100,000 inhabitants whose schools are now operated under special law, and where, by such special law, territory outside of the city limits is added to the territory within the city for school purposes, and where such school district or districts is not co-extensive with the township in which such city is situated, and where, by such special law, boards of school inspectors consisting of six mem- bers (three in each . of two districts) are elected, the provisions of any such special law dividing such territory into two dis- tricts shall be held to be only for the purpose of electing mem- bers of the board of school inspectors, and for all other pur- poses the territory in two such districts shall be held to be in- cluded in one school organization, and the board of school in- spectors, in addition to the other powers given by such special law, and general school laws, shall have power to employ teachers, janitors and such other employes as such board shall deem necessary, and to fix the amount of their condensation; to repair and to improve school houses and to furnish them with the necessary supplies, fixtures, apparatus, libraries and fuel, and it shall be the duty of such board to take the entire supervision and control of the schools in such district or dis- tricts. S.-. All money necessary for the purposes mentioned in section one of this act shall be raised as now provided by law, not to exceed the amount by law limited, and shall be held by the treasurer as a special fund for school purposes, subject to the order of school inspectors, upon warrants to be counter- signed by the mayor and city clerk. 7 S. 98 3. The said board shall provide well-bound books at the expense of the school tax fund, in which shall be kept a faith- ful record of all of its proceedings. The yeas and nays shall be taken and entered on the record of the proceedings of the board upon all questions involving the expenditure of money. 4. Whereas, an emergency exists, therefore this act shall take effect and be in force from and after its passage. APPROVED June 19, 1893. SCHOOL INSPECTORS. 1. Increasing number of school inspectors, 2. Emergency, elected under special acts; from six to seven members. AN ACT increasing the number of school inspectors, elected under special acts, from six to seven members. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly: That in all cities in this State having over 10,000 and less than 100,000 inhabitants, whose schools are now operated under special law, and where r by such special law, boards of school inspectors consisting of six members (three in each of two districts) are elected, such board shall hereafter consist of seven members; and at the time other members of such boards are elected in April, 1895, and each three years thereafter, such additional member shall be elected for a term of three years, by all the voters entitled to vote at school elections of the entire school territory embraced in said two districts; and whenever such additional member is to be elected, he shall be designated and voted for as "mem- ber of board of school inspectors at large.'* 2. Whereas, an emergency exists, therefore this act shall take effect and be in force from and after its passage. APPROVED March 6, 1895. KINDERGARTEN SCHOOLS. 1. School districts, upon authorization by 2. Teachers' certificates, a majority of votes cast at an elec tion for that purpose, to establish kin- dergarten schools. AN ACT authorizing school districts managed by boards of edu- cation and directors to establish and maintain kindergarten schools. Approved April 17, 1895, in force July 1, 1895. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in addition toother grades or departments now established and maintained in the public schools of the State, any school district managed by a board of education or a board of directors is hereby empowered, when authorized by a majority of all the votes cast at an elec- tion for that purpose, such election to be called and held in 99 accordance with the provisions of Article IX of an act entitled "An act to establish and maintain a system of free schools,' 7 approved and in force May 21, 1889, to establish in connection with the public schools of such district, a kindergarten or kindergartens for the instruction of children between the ages of four and six years, to be paid for in the same manner as other grades and departments now established and maintained in the public schools of such district. No money accruing to- such district from the school tax fund of the State shall be used to defray the tuition or other expenses of such kinder- garten, but the same shall be defrayed from the local tax and the special school revenue of said district. 2. All teachers in kindergartens established under this act shall hold a certificate issued as provided by law, certifying that the holder thereof has been examined upon kindergarten principles, and is competent to teach the same. APPROVED April 17, 1895. TEACHERS' PENSION AND RETIREMENT FUND. 5. Powers of trustee. 6. Special fund How created How and> when drawn. 7. Custodian of fund. 8. Removals Contributions refunded to- teachers. 1. Teachers and employes' pension and re- tirement fund in certain cities -How created. 2. Board of trustees Administration and investment of fund. 3. Retirement. 4. Annuity. AN ACT to provide for the formation and disbursement of a pub- lic school teachers and public school employes' pension and retirement fund in cities having a population exceeding one hundred thousand inhabitants. SECTION 1. Be it enacted by the People in 1he State of Illi- nois represented in the General Assembly: That the board of education in cities having a population exceeding one hundred thousand inhabitant sj shall have power, and it shall be the duty of said board, to create a public school teachers and pub- lic school employes' pension and retirement fund, and for that purpose set apart the following moneys, to- wit: 1. An amount not exceeding one per cent, per annum of the respective salaries paid to teachers and school employes elected by such board of education, which amount shall be de- ducted in equal installments from said salaries at the regular times for the payment of such salaries. 2. All moneys received from donations, legacies, gifts, be- quests, or otherwise, on account of said fund. 3. All moneys which may be derived from any and all 1 sources: Provided, however, that no taxes shall ever be levied or an appropriation of public money be made for said fund except as herein provided. 2. The board of education together with the superintend- ent of schools, and two representatives to be selected annually 100 by the teachers and employes of the public schools under con- trol of said board shall form a board of trustees, a majority of whom shall determine the amount to be deducted from the salaries paid to teachers and employes as aforesaid, and shall have charge of, and administer said fund, and shall have power to invest the same as shall be deemed most beneficial to said fund, in the same manner and subject to the same terms and conditions as township treasurers are permitted to invest school funds in article four (4) of an act entitled "An act to establish and maintain a system of free schools," in force May 4, 1889, and shall have power to make payments from said fund of annuities granted in pursuance of this act, and shall from time to time make and establish such rules and regula- tions for the administration of said fund as they shall deem best. 3. Said board of education shall have power, by a major- ity vote of all its members to retire any female teacher or other female school employe who shall have taught in public schools or rendered service therein for a period aggregating twenty years; and any male teacher or male school employe who shall have taught or rendered service for a period aggregating twenty-five years, and such teacher or school employe also shall have the right after said term of service to retire and become a beneficiary under this act: Provided, however, that three -fifths of said term of service shall have been rendered by said beneficiary within the limits of the municipality where said board of education has jurisdiction. 4. Each teacher and school employ^ so retired or retiring shall thereafter be entitled to receive as an annuity one-half of the annual salary paid to said teacher or employ^ at the date of such retirement, said annuity to be paid monthly during the school year: Provided, however, that such annuity shall not ex- ceed the sum of six hundred dollars ($600), which shall be paid by said board of education out of the fund created in accord- ance with this act in the manner provided by law for the pay- ment of salaries. 5. Said board of trustees is hereby given the power to use both the principal and the income of said fund for the pay- ment of annuities hereinbefore mentioned, and shall have power to reduce, from time to time, the amount of all annuities: Provided, that such reduction shall be at the same rate in all cases 6. The president and secretary of such board of education shall certify monthly to the city treasurer all amounts deducted from the salaries of teachers, special teachers, principals and employes of the board of education in accordance with the pro- visions 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 education, super- 101 intendent of schools, and two representatives, as aforesaid, and shall be paid out upon warrants signed by the president and sec- retary of said board of education. 7. The city treasurer shall be custodian of said pension fund, and shall secure and safely keep the same subject to the control and direction of said board of trustees, and shall keep his books and accounts concerning said fund in such manner as may be prescribed by the said board. And said books and ac- counts shall always be subject to the inspection of the said board or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city, with good and suffi- cient securities, in such penal sum as the said board shall di- rect, to be approved by the said board, conditioned for the faithful performance of the duties of his office, and that he will safely keep, and well and truly account for all moneys and profits which may come into his hands as such treasurer, and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may have come into his hand as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, and in case of a breach of the same or the con- ditions thereof, suit may be brought on the same in the name of said city for the use of said board of trustees or of any person or persons injured by such breach. S 8. No teacher or other school employ^ who has been or who shall have been elected by said board of education shall be re- moved or discharged except for cause upon written charges, which shall be investigated and determined by the said board of education whose action and decision in the matter shall be final. If at any time a teacher or school employ 6 who is willing to continue is not re-employed or is disch arged before the time when he or she would under the provisions of this act be en titled to a pension, then such teacher or school employ 6 shall be paid back at once all the money, with interest, he or she may have contributed under the law. APPROVED May 21, 1895. 102 UNITED STATES FLAGS TO BE PLACED ON SCHOOL HOUSES. f 1. To be upon all public school houses or I 2. Expenses How paid, within the school grounds. | | 3. Penalty. AN ACT to require the United States flag to be placed upon all public buildings in Illinois, or upon* a flag pole erected within the school grounds surrounding such school buildings. Became a law June 26, 1895. In force July 1, 1895. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly: That the directors or board of education of every school district in the State of Illinois shall have power, and it is hereby made their duty, to cause to be erected and to keep in repair upon all public school houses, or within the school grounds surrounding suchQ public school buildings which may be in their respective school dis- tricts, a good and sufficient flag- staff or pole, together with all necessary adjustments, and that they shall provide a United States flag of suitable proportions, which shall be floated from such flag staff or pole during the school hours of such days as the school may be in session, and as a majority of the pupils attending said school may determine: Provided, that the flag shall not be hoisted during any day when a violent storm or inclement weather would destroy or materially injure such flag. 2. Such flag-staff or pole, adjustments and repairs and all necessary flags shall be paid for from any school moneys not otherwise appropriated, which may be in the hands of the township treasurer for the use of any school district in which such expenditures have been made. 3. Any person or persons who shall willfully injure, de- face or destroy any flag, flag-staff or pole, or adjustments at- tached thereto,- erected and arranged for the purpose of carry- ing out the requirements of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one (1) doliar nor more than fifteen (15) dollars. This bill, having remained with the Oovernor for the period of ten days {Sundays excepted) after the adjournment, of the General Assembly, a,nd h not having filfid it with his objections thereto m the office of the Secretary of State, it becomes a law in like manner as if he had signed it. Witness my hand this ^bth day of June, A. D. 1895. W. H. IllNRICHSBN, Secr&tary of State. 103 UNITED STATES FLAGS TO BE PLACED ON PUBLIC BUILDINGS. 4. Penalty. 5. Prosecutions under this act. 1. On school houses, colleges and educa- tional institutions. f 2. County boardjs to provide flags. $ 3. On penal, reformatory and State charita- ble institutions. AN ACT to provide for placing United States national flags on school houses, court houses and other public buildings in this State. Became a law June 26, 1895. In force July 1, 1895. SECTION 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly: That it shall be the duty of all school directors and boards of education of all pub- lic schools in the State, and trustees and boards of directors of all colleges and educational institutions of every description in this State, whether State, county, municipal, district, sectar- ian or private, to provide United States' national flags of not less than four by eight feet in size, and cause the same to be unfurled and kept floating from, a suitable flag-staff to be placed on the top of all public school houses, college buildings, and all buildings used for educational purposes in this State, whether the same be conducted by the State, or by county, township, municipal, district, sectarian, corporation or private authority, on each and every day when such schools, colleges and educational institutions are in session, from nine o'clock a. m. to four o'clock p. m., in each and every year. 2. It shall be the duty of the board of supervisors in counties under township organization, and the board of com- missioners in counties not under township organization, to pro- vide United States national flags of not less than four by eight feet in size, to be unfurled and kept floating from a suitable flag-staff to be placed on the top of the court house in their respective counties, and it is hereby made the duty of the sheriff of each and every county in the State to see that the flag so provided shall be hoisted on its flag -staff above the court house and kept floating from eight o'clock a. m. to five o'clock p. m. on each and every day of the year. 3. The commissioners and trustees of all penal and re- formatory and State charitable institutions of this State shall provide United States' national flags of not less than ten by twenty feet in size, and cause the same to be unfurled and kept floating above the said penal and reformatory and State charitable institutions or on a suitable flag-pole in each and every day in the year, from eight o'clock a. m. to five o'clock E. m. : Provided, that the flags used by any and all of the tate institutions, as provided for in this act, shall be paid for out of the funds appropriated for the running expenses of said institutions, the same as other necessary supplies are bought and paid for: And, provided furthe", that flags for use over public school buildings and court houses are hereby declared to be necessary supplies and may be paid for out of the pub- lic funds of the respective school districts and counties. 104 4. If any of the persons named in this act, whose duty it- shall be to provide flags for and have the same placed in po- sition over the several buildings, as provided for in this act, shall refuse or neglect to so provide flags and have "them placed in position as required by this act; or if he sheriff of any county in this State shall refuse or neglect to place the flag so provided in position over the court house of the county in which he is sheriff, shall, each and every one of them, be deemed guilty of a misdemeanor, and on conviction thereof be fined not less than three nor more than ten dollars and costs of suit for each and every day that they shall so neglect or refuse to comply with the provisions of this act. 5. Prosecutions under this act shall be by complaint or information, and be tried by any court of competent jurisdic- tion under the same rules as other misdemeanors: Provided, that fines collected under this act shall be paid into the school fund of the district and into the county treasury of the county wherein this act has been violated: And, provided, furfhvr, that States' Attorneys shall be entitled to a fee of five dollars for each conviction under this act, to be collected as part of the costs of the suit; except where an appeal is taken from the justice's court to county or circuit court, then in that case the State's Attorney shall be entitled to ten dollars for each con- viction, to be collected as part of the costs of the suit. This bill, having remained with the Governor for a period of ten days (Sundays excep ted) after the adjournment of the General Assembly, and he not having filed it with his objections thereto in the office of the Secretary of State, it becomes a law in like manner as if he had signed it. Witness my hand this 2oth day of June, A. D. 1895. W. H. HINRICHSEN, Secretary of Sta'e. 105 APPENDIX. [Containing acts establishing State Normal Schools, providing for County Normal Schools an.. 33 appointment of 19 same, who eligible to 19r bond official, approved 13,32 same, recorded 13 delivered to county superintendent. 13,3'2 form of 'i increased when , 32 books and accounts of, examined by county superintendent 10 by trustees 21,37 same, subject to inspection 19,31 same, submitted to trustees 37 certificate of amount or taxes due sent to, by county clerk 68 certificate of tax levy returned by, to county clerk 38 clerks of trustees, to be 19 compensation of 40 county superintendent may direct in case of change of district lines 27 custodian, only lesjal, of funds of boards of education, when 51 of district funds 22 of township funds 37 debts due township probated by 36 district funds paid oat by, how 47 district records exam ined by 38 election of trustees, called by 38 duties of, as to transfer of pupils 38,47 same, of directors . 47 interest paid teachers by, when 38 liable in a civil action for failure or refusal to perform legal duties 39,83 same, when not liable 39,83 for failure to publish annual statement 39 for failure to turn over books, etc., to his successor 83 PAGE. Township treasurer- liable in a criminal action for loss of school lunds 85 for conversion of school funds b4 for failure to repoit statistics, or for fa'se return of same 84,85 for perversion of school funds to a sec- tarian use 85 for being interested in the sale of school books, etc 2,85 lien on real estate of 84 list of taxpayers made and filed by 39 maps made and filed by 39 money paid to, by tax collector 63 moneys, bonds, etc., delivered to, on certified statement of county superin- tendent 13 not to be interested in the sale of school books, etc., when 2,85 notes, bonds, etc., held by, examined by county superintendent 10 same, list of, given to county superin- tendent annually 35 same, submitted to trustees 37 cash held by. verified by trustees 37 official term of. two years 19 poll-book of district election filed with. 42 removed by trustees, when 22 responsible for losses, when .. 85 State and county funds paid to, by county superintendent 13 Statement to directors, made by under oath semi-aunually 37,38 staiement to trustees 37 sued by trustees, when 22 suit brought by, against tax-collector. . 64 same, to recover interest 36 same, when additional security is not given 3-5 surplus of district funds, loaned by 35 to make teachers' orders interest bear- ing when not paid on presentation ..38,61 same, to record 38 to file orders paid 73 to notify clerks of directors when he has funds to pay unpaid teachers' or- ders 38,61 same, to record 38 to hold funds to pay t-ame 38 to take and file receipts for money paid. 73 to publish statement annually J to turn over office, etc , to his successor 3 same, in case of his death 39 township fund loaned by 34 Trees, cut, etc., on school lands 75 Trespassers on school lands 75 liable to fine and commitment 71 Truant officer '. 96 to report offenders 96 Trustees of school lands 31 Trustees of schools 14 accounts, etc., of treasurers examined by 21,37 apportionment of funds by 19 body politic and corporate, a 15 boundaries of districts changed by at April meetings 25 bonded debt, how disposed of..., .. .. 28 funds divided 29 liability for failure to divide funds .... 30 property appraised 30 debts deducted from the same 30 remainder of same divided 30 same, appeal from action of trustees.. . 27 how taken 26 who may appeal. 26 same, election ordered in new district by. ^ 28 PAGE. Trustees of schools same, new map and list of tax payers tiled by, within ten days, with county clerk 27 clerk appointed by, who is also treas- urer 19 name pro temporr. 19 debt, due school fund compromised by . . 22 election of. conducted how... 17 same, contested how 17 same, held for first time 16 same, notices of 16 same, ordered by township treasurer. 16 same, polls opened and closed when.. 17 same, postponed 17 same, tie, how determined 17 same, time of 15,16 same, voters at, qualifications of 17 election of, at town meetings 18 eligible to office of trustee, who are 16 gilts, grants, etc , received by 21 judges of election 16 liable in a civil action for failure to act upon notice of county superintendent 11,84 for failure to distribute property in case of a division of a district 80 for failure to return poll-pook 18 for failure to return statistics, or for false return of same 12,84 for loss of school mnds 85 for insufficiency of treasurer's securi- ties 84 liable in a criminal notion for being interested in sale of school books, etc 2,85 for conversion of school funds 84 for perversion of lunds to a sectarian use 85 list of, furnished county superintend- ents by county clerk J8 map of townships, made by 28 meetings of, regular and special 19 organization of board of 19 president appointed 19 same pro tempore 19 quorum of 19 real estate, leased by 22,74 purchaseu by 22 sold by 22 report to county superintendent 19,20 same, items 20 school house and site sold by 21 same, title to, held by 21 PAGE. Trustees of schools- separate enumeration made by, when. .20,21 successors to "Trustees of school lands" 31 term of office 16 title to school house and site held by .. . 21 townships laid off into districts by 25 treasurer appointed by 19 same, removed by 22 same, sued by 22 treasurer's accounts, etc., examined by. 21 vacancy in office, how filled 17 Union school -district diasol ved, how 31 funds of, put 'in hands of one treas- urer ." 43,64,73 Use of school houses for meetings 45 U. S. flags on school houses 102, 103, 104 Vacancies in office of board of education... 49, 52 of county superintendent 8 of directors 41 of trustees 17 Validity of teachers' certificates 56 Valuation of common school lands 76 Visitation of schools 9,43,50 Vote of the people required to borrow money , 65 to establish or discontinue a township hign school 23,24 to levy a tax to extend a district>chool beyond nine months 46 Vote, etc. to locate a school house 46 exception to the same 46 to refund bonds or outstanding indebt- edness 66,67 to purchase or build'a school bouse. ..61,46 Voters of districts may add higher branches 57 qualifications of 17 Warrants, Auditor to issue to county super- intendent 9,71 paid by county collector 71 return by same 72 refusing to pay penalty for 72 See also "Orders." Women may be school officers 86 qualifications 40,8