statutes Illinois. Laws.

An act to establish and maintain a system of free schools online

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poll-book, with the certificate, shall be filed by said com-
missioner, and shall be evidence of such election.

§ 33. Tiie said trustees of schools, elected as afore- Powers of trus-
said, shall be successors to the trustees oi school lands t^es 'ind encces-
appointed by the county commissioners' court, and of
trustees of schools elected in townships under tlie provi-
sions of " an act making provisions for organizing and
maintaining common schools," approved February 26,
1841, and of "an act to establish and maintain common
schools," approved March 1, 1847, All rights of propeV-
ty, and rights and causes of action, existing, or vested in
the trustees of school lands, or trustees of schools appoint-
ed or elected as aforesaid, for tlie use of the inhabitants of
the tonwship, or any part of them, shall vest in the trustees

1855. 12

of schools as successors, in as full and complete a manner
as was vested in tlie scluiol comuiis.sioner, the trustees of
school lands, or tlxegtrustees of schools aj»poiated and elect-
ed as aforesaid.

§ 34. It sliall be the dnty of the township board of
Duty of the trustels to hoid regular semi-annual sessions on the first

townsl.ip board , - , c k -i^ ^ r\ j. i • i i

uf education. IViondays or April and Uctober in each year, and may
meet at such other times and at such other })laces as they
may think proper; and the president of the board, or any
two mninbeis thereof, may call a special meeting of the
board ; and at all meetings of the board, three ol its mem-
bers shall constitute a quorum to transact any business.
Said board shall organize by appointing one of their num-
ber president, and some person who shall not be a director
or member of the board townsliip treasuier, who shall be
ex ajjicio clerk of tlie board. The said president and town-
ship treasurer shall hold their respective offices during the
term for which that board of trustees by which they are
aj)pointed shall have been elected, and until their succes-
sors are appointed, and until their newly appointed treasu-
rer has givcii bond as required by this act; either of said
officers, however, for good cause, may be removed by the
board. It shall be the duty of the president, when pres-
ent, to preside at the meetings of the board ; and it shall
be the duty of the clerk to be present at all meetings of
the board, and to record in a book to be provided for the
purpose all their official ])roceedings. which shall be a pub-
lic rt'Cord, open to the inspection of any person interested
therein ; and all said proceedings, when recorded, shall be
signed by the presideiit and clerk. If the president or clerk
shall be absent, or refuse to peform any of the duties of his
office at any meeting of the board, a president or clerk j»?'o
tempore may be ap})ointed.

§ 35. Tiustees of schools shall prepare or cause to be

Trustees to pre- prepared a map of their township as often as niny be ne-

their ^township! cessary, on which shall be designated districts to be styled

district No in townsl'ip No. , which they may

alter or change at any regular session ; which maj) shall
be certified by the president and clerk of the board, and
filed with and recorded by the county clerk, in a book to
be kept for that purpose, to be paid for out of the county

§ 36. At each of their half yearly meetings, on the first

TrustecB' duty. Monday of April and October, the trustees of schools shall
proceed to" ascertain the amount of state, county aj)d town-
s!;ip fiinds liable to distribution, to wit : the interest actu-

»tm<i«. ally on hand fiom the state and county school fund, and

sueli rf the aiterest, rents, issues and profits arising from
the township lands and funds as have accrued and beeome
due since their last regular half yearly meeting, except the

13 1855.

two per cent, and the three per cent., whicli the school
commissioner is allowed to retain. Tlie said trustees sshall to uistribut*.
immediately thereupon })roceed to distribute the aggregate
amount of state, county and township funds thus ascer-
tained to be liable to distribution, as follows : First, to Maimer ot dutn-
the tow"nship treasurer, the two per cent, allowed him; b""o°'
second, for the payment of the books of the township trea-
surer, if an) thing be due for that purpose ; third, for the
payment of any reasonable charges for dividing common
school lands, and making plats, &C.5 as provided for in this
act; fourth, the balance they shall apj^ortion on the seve-
ral schedules certified and returned from each school in
the township according to law, in proportion to the num-
ber of days certified on such schedules respectively to
have been taugiit since the last regular return day fixed
by t!ie act or truTtees for the return of schedules ; and the
township treasurer shall, as soon as practicable, pay out
the money so apportioned to the several persons to whom it
siiall be distributed. The said trustees of schools shall also collection of
make such orders, not contrary to law, for the collection ^^'^^s-
of the funds due as in their discretion shall be most for the
interest of the funds. They shall also, at their said half
yeariy meetings, ascertain the amount of tax money, if any,
the treasurer has in hands belonging to any school district
being wholly or partly in his township ; and tliey shall see
that t!!e treasurer charges himself in his cash book, in a
separate column, in favor of the proper district, with the
amount they siiall find to be in his hands belonging to such
distiict; and the amount so ascertained to be in tiie hands
of the treasurer shall be paid out as in this section direct-
ed. The trustees of schools sha.'l also examine tlie certi- Examine oertia-
ficate of the district directors to which such tax fund be- '^^^^'
longs, a5id they shall thereupon direct the treasurer, by
orders upon him, to {)ay the tax money aforesaid to the
several persons who may appear to be entitled to it accord-
ing to said certifieate.

§ '61, Whenever it may be desirable to establish a p^j^ ^^ jj^^^.^^ ^^
sch'-ol composed of pupils, residents of two or more dis- education,
tricis or two or more townships, it shall be the duty of the
respective boards of education of each of such townships
to transfer such niimber of the pupils residing in such town-
ships as the boards may deem proper to the school so esta-
blished in the tawnship in which tlie school house is or may
be located ; but the enumeration of scholars shail be taken
in each of such townships as if no such transfer had been
made; and such school, when so composed, shall be sup-
ported from the school funds of the respective townships
in w'iich tlie pupils composing such school shall reside, and
from which t'l y shall h.ave been transferred ; and the board
of that tov/nship in which the school house where such

1855. 14

school is kept is located, sliall have the control and man-
agement of such school; and the boards of each of such
townships so connected for school purposes shall each pay
its respective share of the entire expenses of every kind
incurred in the establishment and support of such school,
to be computed in proportion to the number of pupils re-
siding in each of such townships composing such school ;
and each board of the townships from which pupils are
transferred shall draw an order on its township treasurer,
signed by its president, in favor of the township treas-
urer whose board shall have the control and manage-
ment of such school, as the case may be, for the amount of
its share of the entire expenses aforesaid of such school ;
and the board of the township having the control and man-
agement p.s aforesaid of such school shall pay out of its
treasury the whole amount required for the establishment
and maintenance of such schools, in the same manner as
provided in this actforthg establishment and maintenance

Proviso. of other schools : Provided, however, by agreement of the

several boards interested therein, said school may be placed
under the control and management of such persons as may
be determined by a majority of said boards.

§ 38. The board of trustees of each township in this

statemcm to be state shall prepare or cause to be prepared by the tcwn-

diutn''o"soho°o'is ^'^'P treasurer, the clerk of the board, or other person,
and forwarded to the school commissioners of the county
in which the towns])ip lies, on or before the second Mon-
day of October, preceding eacli regular session of the
general assembly of this state, and at such other times as
may be required by the school commissioner, or by the
state superintendent of publio instruction, a statement,
exhibiting the condition of schools in their respective
townships for the preceding biennial period, giving sepa-
rately each year, commencing on the first Mondays of
October, and ending on the last of September ; which
statement shall be as follov,^s : — 1st. The whole number of

wamber of schools schoois whicli have been taught in each year; what part
of said number have been taught by males exclusively,
what part have been taught by females exclusively ; what
part of said whole number have been taught by males and
females at the same time ; and what part by males and
females at different periods. 2d. The whole number of

Kumbor of i^choi- scholars in attendance at all the schools, giving the num-
*'"• ber of males and females separately. " 3d. The number

of male and female teachers, giving each separately ;
the highest, lowest, and average monthly compensation
paid to male and femahi teacliers, giving eacli item sep-
arately. 4th. The number of persons urder twenty-one
years of age. 5th. The amount of the principal of the

15 1855.

township fund ; the amount of the interest on the town-
ship fund paid into the township treasury ; th.e amount
of state or common school fund received by the township
treasuier; the amount raised by ad valorem tax, and the
amount of such tax received intc the township treasu-
ry; and the amount of all other funds received into the
township treasury, b'th. The amount paid for teachers'
wages; the amount paid for school house lots ; the amount
paid for building, repairing, purchasing, renting and
furnishing school bouses ; the amount paid for school
apparatus, for books and other incidental expenses for
the use of school libraries; the amount paid as compen-
sation to townsliip officers and others. 7th. The whole
amount and a full account of the receipts and expendi-
ures for scliool purposes. 8th. The number of books
of each kind used in the schools, and the years in which
each book was purchased, together with such other statis-
tics and information in regard to schools as the state su-
perintendent or school commissioner may require.

§ 39. In all cases where a township is, or shall be di- separate emime-
vided by a county line, or lines, the board of trustees of "fation^o^emads
such township shall make, or cause to be made, separate
enumerations of male and female white persons of the
ages as directed in the fifth S{)tcification of the foregoing
section thirty- eight (38) of this act, designating sepa-
rately the number residing in each of the counties in
which such township may lie, and forward each respec-
tive number to the proper school commissioner of each of
said counties ; and in like manner, as far as practicable,
all other statistics and information enumerated and re-
quired to be reported in the aforesaid section thirty- eight,
shall be separately reported to the several school com-
missioners ; and all such parts of said statistical informa-
tion as are not susceptible of division, and are impractica-
ble to be reported separately, shall be reported to the
school commissioner of the county in which the sixteenth
section of such township is situated.

§ 40. At each semi-annual meeting, and at such other booKs and vonch-
meetings as they may think proper, the said township ^^tobeexamiD-
board shall examine all books, notes,, mortgages, securi-
ties, papers, moneys and effects of the corporation, and
the accounts and vouchers of the township treasurer, or
other township school otBcer, and shall make such order
thereon for their security, preservation, collection, cor-
rection of errors, if any, and for their proper manage-
ment, as may seem to said board necessary.

§ 41. The board of trustees of each township in the Donations.
state may receive any gift, grant, donation or demise,
made for the use of any scliool or schools, or library, or
other school purposes within their jurisdiction ; and they

1855. 16

shall be and are hereby invested, in their corporate capa-
city, with the title, care and cusrody of all school houses,
sciiool home sites, school libraries, apparatus or other
pioperty belonging to any school district as now organ-
ized, or whicli may be witiiin the limits of their jurisdic-
tion, with full power to control the same in such manner
as they may think will promote the interest of schools and
the cause of education ; and when, in the opinion of the
school directors, the school house site has become unne-
cessary, or unsuitable or inconvenient for a school, said
board may sell and convey the same in the name of said
board ; and such conveyance shall be executed by the
president and clerk of said board- and the avails shall be
paid over to tiie township treasurer for the^benent of
schools ; and all conveyance? ot real estate which maybe
made to said hoard shall bo made to said board in their
corporate name, and to their succe>>sors in office ; and
said board may purchase and hold such real estate and
personal projierty as may be necessary for the establish-
mv nt and support of school?.
Money to 1)6 paid ^ 42. Tiic towushij) board sliall cani5e all moneys for

to township ti-ea- , •> r ii i. ^ • j i -j i. i.i i. 1 •

surer. the usc oi t!ie town.^uip to be paid over to tlte township

treasurer. They shall have power, also, to remove the
lownsliip treasurer at any time, for any failure or refusal
to t xeciite or comply with any order or requisitions of
said b'jard, legally marie, or any other improper conduct
in the disciiarge of his duty as treasurer, or at any time
they may deem such removal expedient. They shall also
have power, for any failure or refusal as aforesaid, to sue
him upon his band, as ]>rovided in section filty-nine hereof.
Trustees to pir- § 43. The towusliip trustccs are hereby vested with

chaso real cKuie gg„y,..j{ powcr and authoiity to purchase real estate, if in
tiieir •opinion the interests of the townslnp fiuid will be
promoted thereby, in satisfaction of any judguK-nt or de-
cree wherein the said board or school commissioner are
])laintilis, or compla nants ; and the title of such real
estate so purchased shall vest in said board, for the use of
the inhabitants of said township, for school purposes; and
all purcha-jcs of land heretofore made by scliool commission-
ers , or trustees of school lands, or trustees of schools,
for the use of any fiuid or township for the use of schools,
are hereby ('eclared valid. The said boaid are hereby
vested with general power and authority to m;?ke all
settlements with persons indebted 1o them in their offi-
cial capacity ; or receive deeds of real estate in compro-
mise ; and to cancel, in such manner as they may think
prober, notes, bonds, mortgages, judgments ^nd decrees,
existini', oi- that may hereafser exist, for the benefit of
the towiiSiiip, wii^n the interest of said township, or
the fund concerned, shall, in their opinion, require it,

17 1855.

it, and their action shall be valid. Said board of educa-
tion are hereby authorized to lease or sell, at public auc-
tion, any land that may come into their possession, in
such manner and on such terms a^ they shall deem for the
interest of the township: Provided^ that in all cases of Proviso.
sale of land, as iirovided in this section, the sale shall be
made at the same place, and notice given of it in the same
manner, as is provided in this act for the sale of the six-
teenth section.


§ 44. It shall be the duty of the legal voters within Election of school
each school district to meet at the school house, or other
convenient place in the district, on the first Monday of
October next, or as soon thereafter as the township may
be laid off into districts, and on the first Monday of Oc-
tober biennially thereafter, and elect three persons within
the district, to be styled school directors, who shall con-
tinue in office for the term of two years, and until their
successors are elected. But the first election may be held
on any Monday, notice being given by the township treas-
urer, according to the provisions of this act. The legal
voters, when assembled, shall choose three of their num-
ber to act as judges, and one as clerk, at such election.
In case of a tie of said election for school directors, it
shall be determined by lot on the day of the election, by
the judges thereof.

§ 45. A majority of said directors shall constitute a Powers of dirc«-
quorura to do business ; and the board, when convened,
shall have power to purchase libraries for the district, to
be paid for out of the tax funds of the district : They shall
establish a sufficient number of common schools for the
education of every individual person over the age of
five and under twenty- one years, in their respective dis-
tricts ; and shall make the necessary provision for contin-
uing such schools in operation for at least six months in
each year, and longer if practicable. They shall cause suit-
able lots of ground to be procured and suitable buildings
to be erected, purchased or rented for school houses, shall
supply the same with furniture and fuel, and make all
other provisions relative to schools which they may deem
proper. They shall exercise a general supervision over
the schools of their respective districts, and shall, by
one or more of their number, visit every school in the
district at least once a montl), and shall cause the re-
sult of such visit to be entered on the records of the
board. They shall have the appointment of all the teach-
ers of the schools in the district, shall fix the amount of

1855. 18

teacliers' salaries or compensation, and may dismiss ttiem
at any time for incompetency, cruelty, negligence or im-
morility ; shall direct what branches of learning shall be
taught in each school, and may suspend or expel from the
school ail pupils found guilty, on full examinat.on and
heating, of refractory or inconigibly bad conduct. Said
school directors are hereby authorised to receive and hold,
by their name of sclioo! ^directors, for the use of schools
in the district, any book purclia^ed for or donated to the
district library ; and the same shall be kept and con-
trolled and loaned to the inhabitants of the district, under
twfuty-one years of age. according to rules prescribed by
said directors. But the librarian shall in no case receive
any compensation out of the common school or township
fund for ids services as librarian.


Judgment nnd ^ 46. If judgment shall be obtained against any town-
wiLtees.*^*"" ship boiu'd of trustcts or school directors, the party enti-
tled to the benefit of such judgment ntay have execution
therefor, as follows, to wit: it shall be lawful for the court
in which such ju<igment shall be obtained, or to which such
juJiiment shall be removed, by transciipt or appeal from a
ju - ti -e of t'le peace, or other court, to issue thence a writ,
ccmmandiug the directors, trustees and treasurer of such
township to cause the amount thereof, with interest and
costs, to be paid to the party entitled to the benefit of
S!<|B judgment, out of any moneys, unappropriated, of
said township ; or if tliere be no such moneys, out of the
fir^r moneys applicable to the payment of the kind of ser-
vi>''t>; ur ludi bte'iness for which such judgment sliall be
oinauied, as provided in section sixty-five of tliis act, which
shall be received for the use of such township ; and to
enforce obedience to such writ by attachment, or by raan-
d utui-. requiring snc!i board to levy a tax for the payment
of said jui'g'iit nt; and all legal jjiocess, as well as writs to
enfovce pu^m nts of a jix^gment, sha'l be served either
on the president or clerk of the board.


«iamtnation aiKi ,^ 47. The scliool Commissioner shall, either by lumsclf,

^eTcuere!""' "^ oi any person or persons, wham he shall appoint, examine

such person or persons proposing to teach a common school

19 1865.

in the county, in relation to his or her qualification to teach
orthogra])hy5 reading in English, penmanshij). aridimetic,
English grammar, modern geography, and the history of
the United States ; and if he or they shall be satisfipd that
such person sustains a good moral character, and is quali-
fiad p roperly to teach all the aforesaid brandies, he or
they shall give such person a certificate of qualification ;
which cerlificate shall be good and valid in said county
for two years from the date tliereof, and said certificate
may be renewed, at its expiration, by indorsement thereon
by the said commissioner, or examiners. The said cer-
tificate to the teacher may be in the following form, viz:

Illinois. — 18 —

The undersigned having examined , and being Form of ceitia-

satisfied that sustains a good moral character, here- ''*'^'

by certify that is qualified properly to teach the fol-
lowing branches, viz: orthography, reading in English,
penmanship, arithmetic, English grammar, modern geog-
raphy, and the history of the United States; whicii cer-
tificate is good and valid in said county for two years from
the date iiereof, renewable at the option of the scliool
commissioner or of any two members of the board of ex-
aminers, by his or their indorsement thereon.

Given under hand, at the date afore^iaid.

A B , School Commissioner.

C D ,



Provided, that each and every school, or schools, of what- Proviso.
ever grade, established or authorized to be established
under the provisions of this act, shall be a school or schools
for the purpose of teaching various branches of an English
education; and no part of the common school fund, town-
ship i'und, or of any other school fund, shall be paid out
or ajjpropriated for the establishing, conducting, or the
supporting in any manner of any othei character or class of
school, or schools, as aforesaid designated : P ovided, that
not.hing herein contained shall prevent the leaching a for-
eign language in a common school as aforesaid.

5 48. It sliall be the duty of the school commissioner Meetings for ei-

(• I 1 T • /• ii • aimnalion of

to fix upon the time of holding meetings tor the examuia- teachers.
tion of teachers, in such places in their respective coun-
ties, as will in their o})inion best accommo late the great-
est number of candidates for examination ; notice of all
sucli meetings havincr been published in some newspaper Publication of no-
of opiieral circulat.i'.m ; and all teachers who do not at*"end
at I'M- appoiu'el time r)C said examination, sha!' jiny to
the school commissioner, one dollar for tiieir certificate.




Exhibit ecitia- § 49. No teacher shall be entitled to any portion of
**'*■ the common school or township fund, or other public fund,

or be employed to teach any school under the control of any
board of education of any township in this state, wlio shall
not, before his employment, exhibit to said board, or to a
committee of said board, a certificate of qualification ob-
tained under the provisions of this act ; nor shall any
teaclier be paid any portion of the school or public fund
aforesaid, unless he shall have kept and furnished sched-
ules as herein directed.
t.-bciji!.-s ^ ^^* Teachers shall make schedules of the names of

all scholars under twenty-one years of age, attending their
schools, in the form prescribed by this act ; and when
scholars reside in two or more districts, townships, or
counties, separate schedules shall be kept for eacii dis-
trict, township, or county ; and the absence or presence
of every scholar sliall be set down under the proper date,
and opposite the name, on every day that the school is
open ; and the absence of a sholar shall be signified by a

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Online Librarystatutes Illinois. LawsAn act to establish and maintain a system of free schools → online text (page 2 of 5)