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

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to be collected and paid into the state treasury as other
revenue is collected and paid; and the amount due from
the state, according to a statement and settlement of the
account between tlie state and that fund, under the pro-
visions of an act entitled an "An act lo provide for the
distribution and application of the interest on the school,
college and seminary fund," approved on the seventh of



1855.



30



state to pay In-
terest.



DUiy of auditor.



February, one thousand eight hundred and thirty- five, and
of all funds which have been or may be received by the
state fi'ani the United States, for the use and support of
coaiinon scliools, and also of the money added to the com-
mon school fund vviiich was received from the United
States under an act of congress providing for a distribu-
tion of the surplus revenue of the United States, and
v/hich was invested in bank stock, by authority of the
state, and ol the amount added to the school fund under
an act requiring the three per cent, fund to be invested
in state bonds : P ruvided^ that in cases where, heretofore,
the state taxes have not been collected in any county,
such county shall not be entitled to a distribution of the
college, seminary and school fund, for the period of time
that no such taxes have been collected, and that tiie por-
tion of the fund aforesaid shall in such cases be distribu-
ted wit'.iout regard to such county.

§ 68. The state shall pay an interest of six per cent,
per annum upon the amount of the aforesaid common
school funds, except on so much thereof as may be realised
from the levy of tiie tax directed to be levied under the
provisions of this act, which shall be paid annually, and ap-
plied to the support of common schools, as herein provided.
The state shall also pay, as aforesaid, and at the same
time, an interest of six per centum per annum upon the
amount due the college and seminary fund ; which in-
terest shall be loaned to the commDn school fund, and
known in this law and applied in all cases as interest on
the common school fund as aforesaid.

§ 69. On tiie first Monday in January, in each and ev-
ery year, next after taking the census of the state, the au-
ditor of public accounts shall, under the supervision of the
commissioners of the school fund of the state, ascertain the
number of whito children in each county in the state, un-
der twenty-one years of age, and shall thereupon make a
dividend to each county of two- thirds the sum from the
tax levied and collected under tlie provisions of the sixty-
seventh section of this act; and the interest due on the
school, college and seminary fund, in proportion to the
number of white children in each county under the age
aforesaid, and of the remaining one-third, in proportion to
the number of townships and parts of townslaps in each
county, and issue his warrant to the school commissioner
of eacli county upon the collector thereof. And upon pre-
sentation of said warrant by the school commissioner to the
collector of his county, said collector shall pay over to the
school commissioner the amount ot said warrant out of the
first specie funds which may be collected by him, and not
otherwise ap})ropriated by law, taking said commissioner's
receipt therefor j and on settlement with the auditor, said



31 1856.

collector shall be credited with the amount specified in
said receipt, in the same manner as if it had been })aid in-
to the treasury. Dividends shall be made as aforesaid,
according to the proportions ascertained to be due to each
county iiunually thereafter, until another census shall have
been taken, and then dividends shall be made and contin-
ued as aforesaid, according to the last census: Provided, that Proviso.
if any coUectoi' shall fail or refuse to pay, in gold or silver,
the amount of the aforesaid warrant, or any part tliereof,
by the first day ol March, annually, or so soon th.ereafter
as it may be presented, it shall be competent for the school
commissioner to proceed against said collector an ! his se-
curities, in an action of debt^ in the county court; which
court is hereby vested with full power and authority to
hear and determine ail sucli suits, render judgment and
issue execution, or said suit may be brought in any
court having jurisdiction; and the said collector sliall pay
twelve per centum, to be assessed as damages upon the
amount due, and which shall be included in the judgment
obtained against him.

ADDITIONAL TAXES IN TOWNSHIPS FOR SCHOOLS.

§ 70. At each meeting in October, or at any subse- Additional taxe*
queut meeting thereafter, before, the fijst day of May, an- ™*'
nually, each township board of trustees in tins state shall
determine, by estimate, as nearly as practicable, the en-
tire amount of money necessary to be exj)ended in the
towiiship to keep in good condition and opt-ration a suffi-
cient number of free schools for the accommodation of all
the children in said township during the ensuing year,
over and above the available means arising from the town-
ship fund, or from other sources, and applicable to gene-
ral school purposes, and also such additional amount as
the ho'^rd may think necessary for the exclusive purpose
of ^applying any deficiency in the fnnd for the payment of
teaihers, and for the purpose of extending the terms of
schools after the state or common school fund shall have
been exhausted; and shall determine, as ne.irly as practica-
ble, what rate per cent, on the one hundred dollars' valu-
ation of all the taxable property in the fownsliip, each of
said amounts separately, will require to be levied; each of
which rates so estimated and required to be levied, to-
geiher with a list of the names of all the resident tax pay-
ers of the township, the said board shall make known by
certificate in writing, signed by the president and clerk of
the )oard, to the clerk o; the county court of the count)",
on lo- before tlie first Mondiy of July next thei-eafttr in
eacii year; which certifi^at'i may be in the following form,
viz :



1865. 32



Form of certifl- We, the Undersigned, president and clerk of the board
'^'"®' of trustees of township No, — , range No. — , in the coun-
ty of , and state of Illinois, do hereby certify that said

board liave estimated and required to be levied for the
year 18 — , the rate of , for general school purpo-
ses, and tlie rate of , for paying teacliers and ex-
tending terms of schools, on each one iumdred dollars' val-
uation of taxable property in said township. Given under

our hands, this day of ^ 18 — .

A B , President.

C D , Clerk.

Vytaxtorbuiidl § '^^' ^ ^^ ^^^ purposc of erecting school houses, or
ing and fui- purchasino; school house sites, or for the repairing and im-

nlshlng school ' . .'-* ^ • l- '^ c \ \ \- , • ^

booses. proving the same, tor procuring iurniture,tuel and district

libraries, the board of directors of any district shall be au-
thorized to have levied and collected a tax annually on all
the property in their district, by furnishing a certificate
similar to the one required by the provisions of this sec-
tion, from trustees of schools.

Dnty of wunty § 72. According to t!ie rate or rates certified as afore -
*' ' said, the said county clerk, when making out the tax books

for the collector, shall compute each taxable person's tax
in said township, or that part of the township in the coun-
ty, or in any district, taking as a basis the total amount of
taxable property returned by the county assessor for that
year, lying and being in said township, part of township
or district, whether belonging to residents or non-resi-
dents, and also each and every tract of land assessed by
the assessor, which lies, or the largest part of which lies, in
said township or part of township or district. Tiie said coun-
ty clerk shall cause each person's tax so computed to be set
upon the tax book, to be delivered to the county collector for
that year, in a separate column, against each tax payer's
name, or parcel of taxable property, as it appears in said
collector's books, to be collected in the same manner, and at
the same time, as state and county taxes are collected. The
computation of each person's tax, and the levy made by the

Provuo. clerk, as aforesaid, shall be final and conclusive : Provided,

the rate sliall be uniform, and sliall not exceed the rate cer-
tified by the township board of trustees or directors and
the said county clerk, before delivering the tax books to
the collector, shall make out and deliver, on demand, to
each township treasurer, or other authorised person, of
the respective townships, or part of townships, in the
county, a certificate of tlie amount due his township, of
said tax so levied and placed upon the tax books ; and on
or before the first day of April next after the delivery of
the tax books containing the computation and levy of said
taxes aforesaid, or so soon thereafter as the township



3* 1855.

treasurer, or other authorized person, shall present the
■aid certificate of the amount of said tax, and make a de-
mand therefor, the said county collector shall pay to said
township treasurer, or other authorised person, the full
amount of said tax, so certified by the county clerk, re-
taining from said amount only two per centum, as his feet
tor collection, taking of the township treasurer, or other
authorized person, his receipt therefor; which receipt
shall be evidence, as well in favor of the collector as
against the township treasurer, or other authorised person
for him ; and said treasurer, or otiier authorised person
for him, sliall enter the same in. separate accounts, in
his cash book, distinguishing between that part of said
account for general school purpo.ses, and that for paying
teachers and extending the terms of schools, and pay the
same out as provided for by this act.

^ 73. If any collector shall fail to pay the amount of p»m>««»
said tax, or any part thereof, as required in the aforesaid
section, it shall be competent for the township treasurer,
or other authorized person, to proceed against such col-
lector and his securities in an action of debt in the county
court ; which court is hereby vested with full power and
authority to hear and determine all such suits, render
judgments and issue execution; or said suit may be brought
in any other court having jurisdiction ; and the said collec-
tor, so in default, shall pay twelve per centum upon the
amount due, to be assessed as damages, which shall be in-
cluded in the judgment rendered against him : Provided^
no collector shall be liable for such part of said tax as he
shall be able to make appear he could not have collected
by law, until lie may be able to so collect such amount.

§ 74. When a township is or shall hereafter be situated °/e?oni1dto*^{w»
in two or more counties, the certificate, of the rate of tax- of county .owt.
ation, required in the sixty-ninth (69) [section] of this act,
shail be returned to the clerks of the county court of each
of such counties, furnishing to each clerk the names of
the resident tax payers of that part of such township
which lies in his county, and each of said clerks shall pro-
ceed in all respects, as regards the taxable residents and
taxable property of that part of such township situated
in his county, as required by the seventy-second section
of this act, and for the purpose of enabling the trustees of
townships, or school directors to make the estimate of taxes
required as provided in section seventy-two, the county
clerk of each county siiall furnish to the clerk of each of said
boards, the total amount of valuation of the taxable pro-
perty of each township, part of township, or district re-
spectively, as returned by the assessor of the previous
year; and to enable the clerk of the county court to per-
form this duty for the first estimates of the boards, as
3



1855.



34



aforesaid, the clerks of said boards, respectively, shall fur-
nish to said county clerk- alistofall the names of the resident
tax piiyers ot tiie previous year in said townsliip or part of
township or district, in the county, and thereafter said list of
Power to borrow naniesshali befurnisiied as provided in sectionsevent} of this
money. ^^^^ p^^^. ^j^^^ purpose of erecting school houses, or purcha-

sincj schu.d house sites, or for rejiairing and improving tho
sajne, it shall be lawful for the board of diiectors of any
di»{i ict to liorrow numey at a rate of interest not exceeding
ten j.er cent, per annum, and issue bonds tlit-refor in sums not
lf>< lli.jn one bundled dolhirs ; wliich bonds shall lit exe-
proviso cut. d by the president and cb-ik of said board : I'n/t/c/ed,

that thrj total indebtedness incurred by any distiirt under
this section, shall not at any time exceed one per centum
of the assessed value of the real and personal property of
said district.

COMPENSATION OF OFFICERS.



Compensation of § ^5. Schooi commissiooers shall be allowed to retain,
school conimiB- Qyf qJ' the township funds of tiie township for whicii the
services ma} be rendered, three percent, upon the amount
of sales of school lauds, and upon the real estate t.tk» n for
debt, for their services in making such sales, including
such other services connected therewith as are required
by the provisions of this act, and two per cent, they may
retain upon the amount of all sums distiibuted, paid or
loaned out by them for the supj)ort of sciiools; and for
visiting scho('is, ihey shbll be allowed to retain two dollars
per (lay, for any number of days not exceeding fifty during
anv year, which account sliall be certified and sworn toby
the commissioner of each county.

§ 76. Townshij) treasurers shall be allowed to retain
twi) per cent upi.n all sums paid out, or loaned by thera :
F/-//ri//('d, /icwertr, the boards of trustees may reduce
Sail! ccmp' nsation; and said boards shall, and it is hereby
ntmic tlieir duty, to make a reasonable allowance to said
tn ;-.-n)ers for their services performed as clerks of said
bii.Mti>, to be j>aid out of the townsltip funds. School com-
missioners, trustees of schools, school directors, and all
other school officers, shall be exempted from working on
the roads, serving on juries and military dut}'.



Township treaiii
nr.



LIABILITIES OP OFFICERS.



Liahiuties of om- § 77. If any school commissioner, trustee of schools,
*'*^™* township til asurer, dire( tor, or any other person entrust-

ed with tl!(! care, control, management, or disposition of
any sefiool, college, seminary, or township fund, for
the use of any count}', township, district, or school, shall



35 1855.

convert any such Funds, or any portion thereof, to his own

use, he shall be liable to indictment, and upon conviction, ''

shall be fined in not less than double the amount of money

converted, and imprisoned in tire county jail not less

than one or more than twelve months, at the discretion of

tlie court.

§ 78. Trustees of schools shall be liable, jointly and
severall}^, for the sufficiency of securities taken trom town-
ship treasurers; and in case of judgment against said trea-
surers and their securities, for or on account of any de-
fault of any such treasurer, on which tlie money shall
not he made for want of sutficient property whereon to
levy execution, actions on the case may be maintained
against said trustees, jiiiiily or severally, and the amount
oiot collected on said judgment shall be recovered with
costs: Frovided, that if said trustees can show, satisfac-
torily, that the security taken from the treasurer as afore-
said was at the time of said taking -good and sufficientj
"they shall not be liable as aforesaid.

§ 79. The real e-staie of school commissioners, of town- Lien vp<m rea-
ship treasurers, and ail oilier school officers, and of the ofprnLT™ '^**^
•securities of each of them, shall lie bound for l!ie satisfac-
tion and payment of all clafms and demands against said
commissioners and treasurers, and other ofiicers, as such,
from the date of issuing process against them, in actions
or suits brought to recover such claims or deinan^'-s, until
sati.sfictionttiereof be obtained ; and no sale or alienation
of real estate by any commissioner, treasu: or or otlier offi-
cer, or security aforesaid, shall defeat the lein creatt-d by
this section, but all and singula"'' sucli real estate held,
owned, or claimed as af tresaid, shall be liable to be sold
in satisfaction of any judgment which may be obtained ia
such actions or suits.

§ 80. Tru.*:tees of schools, school directors or either Faille -t<».EBSM
•of them, failui'i or n fu^ihii to make returtjs of children »'«'"'t>'
in ti.eir township, or -di^^triet, accoixling to the ]>ro\ isicins
of Uiis act, or if either f4 them >>iiali knowingly make a
fal^e return, the ])ar!y so offenilii-ig sii.ill he liable to a
■pen-tlty of not less than ten dollars nor moi\? than one
hundred (Jollary, to be recovered by action of JS-smnpsit,
bef>ie any justice of the peace of the county, which pen-
alty, when collected, eliall be added to the townshijtfund^
and if any school commissionei, director or trustee, or
eitlur of them, or othei- otiieer whose duty it is, shall neg-
ligently or wilfully fail or refuse to make, furnish, ot com-
OTuni ■ste tiie statistics and uifoi-mation, or shall fail to
disciiarge the duties m j >hu d np-on them, or either of
the»ri, at the time and in ti-e maihUC'r required by the pro-
vi;io";iS of sections nineteen and tiirty-eight of this act, such
delmquent or party oiFendiKg shiill be liable to a fin* of



3866. 36

twenty-five dollars, to be recovered before any justice of
the peace, on information in the name of the pe ople ot the
state of Illinois, and when collected shall be paid to the
school commissioner of the proper county for the use of
schools.
3cho«t comratB- § 81. School commissioners, trustees of schools, di-
abTe^m cel'tam rectors and townsiiip treasurers, or either of them, and
*"•■"*■ any other officer having charge of school funds or proper-

ty, shall be responsible for all losses sustained by any
county, townsiiip, or school fund, by reason of any failure
on his or their part to perform the duties required of him
or them by this act, or by any rule or regiiiatian author-
ised to be made by this act; and each and every of the
officers aforesaid shall be liable for any such loss sustain-
ed as aforesaid, and the amount thereof may be recovered,
in a civil action, before any court having jurisdiction there-
of, at the suit of tlie state of Illinois, for tlie use of the
county, township, or fund injured ; and the amount, when
collected, shall be paid to the proper officer, for the bene-
fit of said county, township, or fund injured.

COST, TENURE OF OFFICES AND CONTRACTS UNDER FORMER

LAWS.



tain cftsest



yio cost to be § 82. No justice of the peace, probate justice, consta-
ble, clerk of any court, or shtrifF, siiall charge any costs,
in any suit wJjere any agent of any school fund, suing for
the recovery of the same, or any interest due thereon, is
plaintiff, and shall be, from ai\y cause, unsuccessful in
such suit. School comn)issioners appointed heretofore
shall continue in office until superseded according to the
provisions of this act, and their duties, responsibilities,
and powers shall be governed by tiie provisions herein
T«onre ot office, named. Trustees of school lands heretofore appointed,
and trustees of schools heretofore elected, shall, also, con-
tinue to discharge the duties of their office until trustees
of schools are elected under the provisions of tiiis act.
Townships heretofore incorporated shall, without any
further action or proceeding, be considered as incorpora-
ted under the provisions of tiiis act, and the trustees and
other officers shall continue to discharge their duties till
suspended by appointment or election under this law ; and
all school directors and officers heretofore appointed, shall
continue in office until superseded by the election as provi-
ded in this act, and shall be governed by the provisions of
the laws heretofore in force, unless otherwise directed by
LeMM rem»in tliis act. Leascs of school lands shall remain valid and be
T«iM. executed according to the laws under which they were

made. Common school lands valued and offered for sale
and remaining unsold shall be sold upon terms prescribed



37 185&.

by this act. All taxes levied and contracts made undeir
the laws hereby repealed shall remain valid, and alln£;hts,
remedii-s, defences, and causes of action existing, or wiiich
smay Hereafter exist or arise, under or by virtue of said
repealed laws, shall continue and remain valid, and shall be
enforced, notwithstanding the repeal of said laws, unless
canceled according to tiie provisions of this act.

OF CITIES AND INCORPORATED TOWNS.

§ 83, Tliis act shall not be so construed as to repeal Of dtics ««! la-
or change, in any respect, any special acts in relation ^^•''p*^*''^'^ *"*■''*'
to schools, in cities or incorporated towns, except that it
shall be the duty of the several boards of education, or
other officers, of any city or incorporated town, having in
charge schools under the provisions of any of the said
special acts, or of any ordinance of ajiy city or incorpora-
ted town, on or before the second Monday of October,
preceding each regular session of the general assembly of
this state, or annually, if required so to do by the state
superintendent, to make out and render a statement of all
such statistics and other information in regard to schools,
and the enumeration of children, or white persons, as are
required to be communicated by township boards of trus-
tees or directors, under the provisions of the thirty-eighth
(38) section of this act, or so much thereof as may be ap-
plicable to said city or incorporated town, to the school
commissioner of the county where sucli city or incorpora-
ted town is situated, or of the county in which the larger
part of such city or town is situated; nor shall it be law-
ful for the county school commissioner, or any other officer
or person, to pay over any portion of the common scho<jl
fund, to any local treasurer, school agent, clerk, board of
education, or other oliicer, <jr person, of any township,
city, or incorporated town, unless a report ot the numbes*
of children, or white persons, and other statistics relative
to schools, and a statement of such other information, as
are required of the boards of trustees or directors as afore-
said, and of other sch-ool offic'ers and teachers under tlie pro-
visions of this act, shall have been filed, at the time or
times aforesaid, specilied in this sectioi:i, v/ith the scJiooJ
commissioner of th€ prop^.r county, as aforersaid-.

SCHOOLS OF PERSONS OF COLOR.,

§ 84. In townships in which th-sre shall be persons oi'S^hooie<i{j>tsnm.<
color, the board of education shall allow such j)ersons a
portion of the school fund, equal to the amount of taxes
■collected for school pursons from such persons of color
an their respective townships.



1855.



3S'



COxMMOiN SCHOOL LANDS.



•oiaiuoa-



iftyoi § 85. Section number sixteen in every township grant-
ed to the state by the United States tor tlie use oC schools,
and such sections and parts of sections as have been or may
be granted as aforesaid, in lieu of all or part of section'
num[)er sixteen, and also the lands wlucli have been or may
be selected and granted as aforesaid, for tlie use of schools,.
to the inhabitants of fractional townships in whicli theieis:
no section number sixteen, or where such section shall not
contain the proper proportion for the use of schools in such
fractional townshij), shall be held as common school landsp
and tlie provisions of this act referring to common school,
lands shall be deemed to apply to the lands aforesai<d.

§ 86. All the business of such townships, so far as re-
i'ates to common s'chool lands, shall be transacted in that,
county which contains all or a greater portion of said lands..
If any person siiall, without being duly authoriaed, cut,. fell,,
box, bore, destroy or carry away any tree, sapling or log^
standing or being upon any school lands, such per-
son siiail forfeit and pay for every tree, sapling o-r log sO'
felled, boxed, bored, destroyed or carried away,, the sum.
of eight dollars ; which penalty shall be recovered, withi
costs of suit, by an action of debt or assumpsit, before any


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Online Librarystatutes Illinois. LawsAn act to establish and maintain a system of free schools → online text (page 4 of 5)