statutes Illinois. Laws.

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

. (page 5 of 5)
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justice of the peace having jurisdiction of the amount claim-
ed, or in the county or circuit court, either in the corpo-
rate name of the board ol trustees of the town&hip to which
the land belongs, or by action of qiti ta7n, m the name
of an}' person who will first sue for the same — one half for
the use ol the person suing, the other half to the use of the
township aforesaid. When two or more persons shall b&
concerned in the same trespass, they shall be jointly and
severally liable for the penalty herein imposed. Every
trespasser upon common school lands shall be liable to in-
dictment, and upon conviction, fined in three times the
amount of the injury occasioned by said trespass, and shaU
stand committed as in other cases of misdemeanor. AIJ?
penalties and fines collected under the provisions of this-
section siiali be paid to the township treasurer, and be ad-
ded to the principal of the township fund ; and all othey
fines, penalties and forfeitures imposed or incurred in any
of the circuit courts of this state, op collected by justice*
of the peace or other county officers, except fines collect-
ed in incorporated towns o? cities, for tihe violation of the-
by-laws or ordinances of said towns or cities, shall be paid-
fco the school coiBuiissioner of tho county where such fines,,
penalties and forJeitiH'es have been collected, and the sams
shall be distributed by said commissioner in the same man-
ner as the common school funds of the state are distribu-
ted 5 and if any county officer or justice of the peace alors-

39 1856.

•aid sljall fail or refuse to pay as aforesaid, after collec-
tion. ?uv\\ (laicer or i'l^iice of the tu^ace so failing' or re-
fiisusg to pay as aforesaid shall forfeit and pay double the
amoufit of such fine, pt-rsflhy or forfeiture as aforesaid, col-
lected h\hiin,to he recuvtred before any court having ji\-
risdictioMj in a civil actifMHj at the suit of the school cum-


§ 87. When the inhabitants of any townsln'p or frac- saie of Bcho&i
tional township shall desire the sale of the common scliool '''°^^°
land of the to\vr!?hip or iVactional townsiiip, thev shall pre-
sent a petition to the school commissioiier of ihe county in
whicli the school lands of the township, or the greater part
thereof, He, for the sale thereof; which petition shall be
signed by at least two tidrds of the white male inhabitants
of the towijsliip or fractional township of and over twenty-
one years of age. The signing of th.e petition must be in
the presence of two citizens of the township, after the true
meaning thereof shall IvAve been explained; and when sign-
ed an alfidavit shall be alUxed thereto, by the two citizens,
proving the signing in the inanner aforesaid, and stating
the number of white male irdiabitants in tlje township or
fractional township, of and over twenty-one years of age ;
and said petition, so proved, shall he delivered to the school
commissioner for his action thereon : Provickd, that no proviso,
whole section shall be sold in any township containing less
than filty inhahitants; and common school lands in frac-
tional townsliips may be sold when the number of itdiabi-
tants arid number of acres are in the ratio of iifty to six
hundred and forty, but not before.

§ 88. When the petition and affidavits are delivered Tmsteestonivid*.
to the school commissioner as aforesaid, he shall notify the
trustees of said township thereof, and said trustees shall
immediately proceed to divide the land into tracts or lots
of sucli form and quantity as will produce the largest
amount of money; and after making such division, a cor-
rect plat of the same shall be made, representing all di-
visions, with each lot numbered and defined, so that its
boundaries may be forever ascertained. Said trustees shall
then lAx a value on each lot, having regard to the terms of
sale, certify to the correctness of the plat, staling the val-
ue of each lot per acre, or per lot, if less tlian one acre,
and referring to and describing the lot in the certificate,
so as fully and clearly to distinguish and identify each lot;
which plats and certificate shall be delivered to the school
commissioner, and shall govern him in advertising and sel-
ling said lands.

§ 89. In subdividing common school lands for sale, no SuMivifiou «f
lot shall contain more than eighty acres, and the division

1855. 40

may be made into town or village lots, with roads, streets
or alleys between them and through the same; and all such
divisions, with all similar divisions hereafter made, are
hereby declared legal; and all such roads, streets and al-
leys, public highways.

■I'-rL.woiioiung. § 90. The terms of selling common school lands shall
be to the highest bidder, for cash, with the privilege to each
purchaser of borrowing from the school commissioner the
amount of his bid, for any period not less than one nor more
than five years, upon liis paying interest and giving secu-
rity, as in case of money loaned by township treasurer, at
provided in this act.

r .c-oi »;ii!i..i. § 91- The ]dace of selling common school lands shall
be at the court house of the county in which the lands are
situated; or the trustees of schools may direct the sale to
be made on the premises ; and upon the reception by the
school commissioner of the plat and certificate of valuation
from the trustees, he shall proceed to advertise tlie said
land for sale, in lots as divided and laid off by said trustees,

jn^i.y-. '^y posting notices thereof in at least six public places in

the county, forty days next anterior to the day of sale, de-
scribing the land, and stating the time, terms and place of
sale; and if any newspaper is published in said county, said
advertisement shall be printed therein ior four weeks be-
fore the day of sale — if none, then it shall be sold under the
notice aforesaid.

.<-.c!im.i cnimis- § 92. Upon the day appointed, the school commission-

MVDer to make ^y shall procccd to make sales, as follows, viz : he sliall
begin at the lowest number of lots, and proceed regularly
to the higltest, till all arc sold or offered. No lot shall be
sold for Jess than its valuation by the trustees. Sales
sliall be made between the hours of ten o'clock A. M., and
si\ o'clock P. j\I., and may continue from day to day. The
lots shall be crifd scpaiatcly, and each lot cried long enough
to enable any one present to bid who desires it.

caymtsnt to be ^ 93. Upou closiug the salcs each day, the purcliasers

»e<ure<t. shall cach pay, or secure the payment of the purchase mo-

ney, according to the term? of sale ; or in case of his failure
to do so by ten o'clock the succeeding day, the lot pur-
chased shall be again offered at ])ublic sale, on t!ie same
terms as before, and if the valuation or more shall be bid,
shall be stricken off; but if the valuation be not bid, the
lot shall be set down as not sold. If the sale is or is not
made, the Ibrmer purchaser sliall be required to pay the
difference betv/een his bid and the valuation of the lot;
and in cise of his failing to make such payment, the school
commissioner may forthwith institute an action of debt or
assumpsit, in his name, as commissioner, for tlie use of the
inhabitants of the township where the land lies, for the re-
quired sum ; and upon making proof, shall be entitled to

41 1855.

judgment, with costs of suit; which, when collected, shall
be added to tlie principal of the township fund. And if the
amount claimed does not exceed one hundred dollars, the
•uit may be instituted before a justice of the peace; but if
more than that sum, tlien in the circuit court of any coun-
ty wherein the party may be found.

§ 94. All lands not sold at public sale, as herein pro- ur.9oidi»n<is8Bb-
vided for, shall be subject to sale at any time thereafter, at VaiuatsouT
the valuation ; and school commissioners are autliorised
and required, when in their power, to sell all such lands
at private sale, upon the terms at which they are offered
at public sale.

5 95. In all cases where common school lands have "^raetemia mbm
een heretoiore valued, and have remained unsold lor two
years after having been offered for sale, or shall hereafter
remain unsold that length of time, after being valued and
offered for sale in conformity to this act, the trustees of
f chools where such lands are situated may vacate the val-
uation thereof, by an order to be entered on book A, of
the school commissioner, and cause a new valuation to be
made, if in their opinion the interests of the township will
be promoted thereby. They shall make said second valu-
ation in the same manner as the Jirst was made, and shall
deliver to the school commissioner a plat of such second
valuation, with the order of vacation to be entered as afore-
said ; whereupon said school commissioner shall proceed
in selling said lands in all respects as if no former valua-
tion had been made : Provided, that the second valuation Proviso,
may be made by the trustees of schools, without petition,
as provided in this act.

§ 96. Upon the completion of every sale by the pur- ceniacateoipm^-
chaser, the school commissioner siiall enter the same on
book B, and shall deliver to the purchaser a certificate of
purchase, stating therein the name and residence of the
purchaser, describing the land and the price paid therefor;
which certificate shall be evidence of the facts therein sta-

5 97. At the first regular term of the county court in st«tein«nt •t

3 ii"- 111 1 school commto-

each year, the school commissioner shall present to the siouer u> eownr
court of his county — first, a statement showing the sales of *^" "
school lands made subsequent to the first regular term of
the previous year, which shall be a true copy of the sale
book, (book B;) second, statements of tlie amount of money
received, paid, loaned out, and on hand, belonging to each
township or fund under his control — the statement of each
fund to be separate ; third, statements copied from his loan
book, (book C,) showing all the facts in regard to loans
whicli are required to be stated upon the loan book ; all of
which the county court shall tiiereupon examine and com-
pare with the vouchers, and the said county court, or so



Transcript to be
furnished tlie

•\jroiiaser lo T
^T& patent.

many of them as^ may b» prrsput at the terra of t*ip. coiirtj;
shall be liable indi\ iilually to the fiiij'i injared, insd Lo the
seciiriiies of said school comini>\«ionrr, in case judgment;
be recov^-red of said securities, for all damiiges occasioned
by a ru^glect of the duties, or aj.y of them, required of them
by this section : Provided, uothing herein contained shall
be construed to exempt tlie securities of said school com-
missioner from any liability as such securities, but they
shall still be liable to the fund injured the same as if th«
county commissioners were not liable.

§ 98. The school commissioner shall also, at the time
aforesaid, transmit to the auditor of public accounts \ full
and exact transcript from book B of all the sales made sub-
sequent to each report. The statement in section ninety-
seven (97) lierecf, required to be presented to the county
court, shall be preserved and copied by the clerk of said
into acourt well bound book, kept for that purpose, and
the li«t transmitted to the auditor shall be filed, copied
and preserved in like manner.

§ ; 9. Every purcliaser of common school land shall b«
entitled to a patent from the state, convening and assuring
the title. Patents shall be made out by the auditor from re-
turns made to him by tlie school commissioner. They shall
contain a description of the land granted ; and shall be in
the name of and signed by the governor, countersigned by
the auditor, with the great seal of the state affixed thereto
by the secretary of state, and shall operate to vest in the
purchaser a perfect title in fee simple. When patents are
executed as herein required, the auditor shall note on the
list of sales the date of each patent, in sucli manner as to
perpetuate tlie evidence of its date and delivery, and there-
upon transmit the same to the school commissioner of the
proper county, to be by him delivered to the patentee, his
heirs or assigns, upon the return of tlie original certificate
of purchase ; which certificate, when returned, shall be
filed and preserved by the school commissioner.
()-<i>pijo»i,8 copies. § 100. Purc'iasers of common school lands, and their
heirs and assigns, may obtain duplicate copies of their cer-
tificates of purchase, and of patents, upon filing affidavit
with tiie school commissioner in respect to certificates, and
with the auditor in respect to patents, proving the loss or
destruction of the originals ; and sucli copies shall have all
the force and effect of the oriiiinals.



Acts repdaledo

§ 101. An act entitled " An act to establish and main-
tain common schools," approved February 12th, 1849;,
and an act to amend said act, approved February ISth, 1851,

42f I85&,

»ad an act entitletl " An aet to increase the schos>I fund/''
approved February 10th, 1858, and aH other acts and
parts of acts coming in conflict with the provisions of this
»ct, are hereby repealed. This act to be in force from
and after its passage.

5 102. Tiie public printer is hereby required la print ^"">'>*»*'*®9i«
thirty tiiousand copies ot this act, under the direction ol (UBtribnto* .
the secretary of state, who shall first make a perfect in-
dex hereto, to be distributed by him according to popula-
iion among the several counties of the state, and deposit-
ed with school commissioners, to be distributed by them.
to the directors of the boards of education and township,
treasurers, ior the use of the diifereat officers iiadej: tivx«

•A-ppRavKB Fob. 15j,, i855v




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