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School laws of Illinois, 1870. An Act to establish and maintian a system of free schools, approved February 16, 1865, together with the amendatory acts of 1867 and 1869 online

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SCHOOL-LAWS OF ILLINOIS;



INCLUDING THE



LATEST AMENDMENTS.



1869.



SCHOOL LAWS OF ILLINOIS— 1870.



V






A.N A.GT



TO ESTABLISH AND MAINTAIN A SYSTEM OF




APPEOVED FEBRUARY 16, 1865,



TOGETHER WITH THE



AMENDATORY ACTS OF 1867 AND 18(



V






SPRINGFIELD:

ILLINOIS JOUKNAL PRINTING OFFICE,
1869.



■I 4



A2ST ACT

TO ESTABLISH AND MAINTAIN A SYSTEM OF

FREE SCHOOLS.



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION — HIS ELEC-
TION AND DtJTIES.

Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That at the
election to be held on Tuesday after the first Monday of Eiectionof sa-
November, a. d. 1866, and quadrennially thereafter, there P erintendent -
shall be elected, by the legal voters of this state, a state
superintendent of public instruction, who shall hold his
office for four years, and uutil his successor is duly elected
and qualified.

§ 2. Before entering upon his duties he shall take and to give bond,
subscribe the usual oath of office, and shall also execute a
bond, in the penalty of twenty-five thousand dollars, pay-
able to the state of Illinois, with sureties 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
echool moneys that may come into his hands by virtue of
his office ; said bond and oaths shall be deposited with the
secretary of state, and an action may be maintained there-
on by the state, at any time, for a breach of the conditions
thereof.

§ 3. It shall be his duty to keep an office at the seat of Keep office at

CO 6 S63.L OI 2TOV*

government of the state, and to file all papers, reports and eminent,
public documents transmitted to him by the school officers
of the several counties, each year separately, and to keep
and preserve all other public documents, books and papers
relative to schools, coming into his hands as state superin-
tendent, and to hold the same in readiness to be exhibited
to the governor, or to any committee of either house of the



general assembly ; and shall keep a fair record of all mat-
ters pertaining to the business of his office.
Pay overmen- g ^ jj_ e ghall, without delay, pay over all sums of
money which may come into his hands by virtue of his of-
fice, to the officer or person entitled to receive the same, in
such manner as may be prescribed by law.

withteacherT 6 § 5. He shall 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 com-
mon schools.

commo^schoois § ®' ^ a *^ superintendent shall have the supervision of
all the common and public schools in the state, and shall be
the general adviser and assistant of county superintendents
Address chcu- f schools in the state ; he shall, from time to time, as he
shall deem for the interest of schools, address circular let-
ters to said superintendents, giving advice as to the best
manner of conducting schools, constructing school houses,
furnishing the same, and procuring competent teachers.

^ Report togov? g 7. Said state superintendent shall, before the fifteenth
day of December of every year preceding that in which
shall be holden a 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 pre-
ceding years, commencing on the first Monday of October ;
what part of said number have been taught by males ex-
clusively; what part 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 ; the number of scholars in attendance at
said schools ; the number of white persons in each county
under twenty-one years of age ; the amount of township
and county fund ; the amount of the interest of the state
or common school fund, and of the interest of the township
and of the 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, their
kind and condition ; the number of townships and parts of
townships in each county ; the number and description of
books and apparatus purchased for the use of schools and
school libraries under the provisions of this act, the prices
paid for the same, and total amount purchased, and what
quantity and how distributed; and the number and condi-
tion 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 edu-
cation throughout the state ; which report shall be laid be-
fore the general assembly at each regular session.

anovulations? § 8. The said state superintendent of public instruc-
tion shall make such rules and regulations as he may think
necessary and expedient to carry into full effect the provi-



sions of this act, and of. all the laws which now are or may
hereafter be in force for establishing and maintaining schools
in this state ; and the said superintendent shall have power, to interpret
and it shall be his duty, to explain and interpret and de- thfsact™ 11 ^ ° f
termine to all. county superintendents, directors, township
and other school officers, the true intent and meaning
of this act, and their several duties enjoined thereby, and
his decision shall be final, unless otherwise directed by
the legislature, or reversed by a court of competent juris-
diction.

§ 9. The said state superintendent shall have power to To cause conn-
direct and cause the county superintendent of any county, dents^o^th-
directors or board of trustees or township treasurer of any told funds,
township or other school officer, to withhold from any offi-
cer, or township, or teacher, any part of the common school,
or township, or other school fund, until such officer, town-
ship, or teacher shall have complied with all the provisions
of this act relating to his, her or their duties, and such rules
and regulations as the state superintendent may prescribe,
not inconsistent with this act ; and the state superintendent
may forbid the payment of any part of the common school,
township, county or other school fund, to any district
in which the school or schools have not been kept ac-
cording to law, or in which no school has been kept for
six months during the year next preceding the demand for
payment.

§ 10 And the said state superintendent shall receive an- Sa i ary of eu „
nually the sum of twenty-live hundred dollars, to be paid per-ntendent.
quarterly, as a salary for the services required under the
provisions of this act, or any other law that may be passed,
and also for all necessary contingent expenses, for books,
postage and stationery pertaining to his office, to be audited
and paid by the state, as the salaries and contingent expen-
ses of other officers are paid.

COUNTY SUPERINTENDENTS — THEIE ELECTION AND DUTIES.

§ 11. On the Tuesday next after the first Monday in JSTo- Election of

«/ «/ county suD' 3 riii-

vember next, and on the Tuesday next after the first Hon- tendents.
day in November, every four (-i) years thereafter, there sjhall
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. He shall, before entering upon To give bond,
his duties, take an oath for the faithful discharge of the
same, and execute a bond, payable to the state of Illinois,
with two or more responsible freeholders as security, to be
approved by the county court or board of supervisors, in
penalty of not less than twelve thousand dollars, to be in-
creased at the discretion of said court or board of supervi-
sors, conditioned that he will faithfully perform all the
duties of his office, according to the laws which are or may



be in force ; by which bond the obligors shall be bound
jointly and severally, and upon which an action or actions
may be maintained by the board of trustees of the proper
township, for the benefit of any township or fund injured
by any breach thereof; and joint action may be had for
successors to two or more funds. The said county superintendents of

school commis- . -, i -,, , ,, , J . -

eioners. schools snail be successors to the school commissioners, as

heretofore known and designated in the act to which this
act is amendatory, and all other acts where the term "school
commissioners" is used ; and all rights of property, and
rights and causes of action, existing or vested in school
commissioners, for the use of the inhabitants of the county,
or any township thereof, or any part of them, shall vest
in the county superintendents of schools, as successors, in
as full and complete a manner as was vested in the school
commissioners.

Form of bond. § 12. The bond required in the foregoing section shall
be in the following form, viz :

STATE OF ILLINOIS, \

County. f S8 "

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, iu the penal sum of — dollars, to the payment of which we

bind ourselves, our heirs, executois 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., county superintendent of the county aforesaid, shall faithfully dis-
charge all the duties of said office according to the laws which now are, or
may hereafter be in force, and shall deliver over to his successor in office
all moneys, books, papers and property in his hands as such county superin-
tendent, 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-
court.
Liable to re- § 13. The said superintendent shall be liable to removal

movai. by the county court, (or in counties adopting township or-

ganization, by the board of supervisors,) for any palpable
violation of law or omission of duty ; and if a majority of
said court or board of supervisors shall at any time be sat-
isfied that his bond is insufficient, it shall be his duty, on
Execute a new notice, to execute a new bond, to be payable, conditioned

bond - and approved as the first bond, the execution of which shall

not affect the old bond, or the liability of the security

vacancy to be thereof; and when the office of county superintendent

pofntment ap " 8na ^ become vacant by death, resignation or otherwise,
the county court, or board of supervisors, shall fill the same
by appointment for the unexpired term, and the person so
appointed shall hold his office until his successor shall be
qualified.



§ 14. The said superintendent shall provide three well b0 ^g s t g r0 |^fp
bound books, to be known and designated by the letters A, an account of
B, C, for the following purposes : In book A he shall record lnd S moneys an re-
at length all petitions presented to him for the sale of com- ceived -
raon school lands, and the plats and certificates of valuation
made by or under the direction of the trustees of schools,
and the affidavits 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 pur-
chaser, 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 otherwise, and loaned or paid
out ; the person of 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 said real estate, and if paid out, to whom,
when, and on what account, and the amount paid out ; the
list of sales, and the accounts of each township fund to be
kept separate. Said book shall be paid for out of the county
treasury of the counties in which they are used.

§ 15. Whenever the bond of the township treasurer, gn^e^^*
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 to be in all respects according to law, and the securi-
ties good and sufficient, he shall endorse his approval
thereon, and file the same with the papers of his office ;
but if said bond is in any respect defective, he shall return
it for correction. , When the bond shall have been duly
received and filed, the superintendent shall, on demand,
deliver to said township treasurer, all moneys, bonds, mort-
gages, notes and securities, and all papers of every descrip-
tion, belonging to said township; and the said township
treasurer shall receipt for the same, which receipt shall be
carefully filed and preserved by the county superintendent,
and shall be evidence of the fact therein stated.

§ 16. Upon the receipt of the amount due upon the County super-
auditor's warrant, the county superintendent shall appor- Lotion 1 " ^tafe
tion one-third of said amount to the several townships and ram-
parts of townships in his county, in proportion to the num-
ber of acres therein, and the remaining two-thirds to the
several townships and fractional townships in his county,
according to the number of white children, under twenty-
one years of age, returned to him, in which townships or
parts of townships schools have been kept in accordance
with the provisions of the act, and with the instructions of
the state and county superintendents, and shall pay over
the distributive share belonging to each township and frac-
tional township, to the respective township treasurers, <?r



8

other authorized persons, annually ; and when there is a
county fund in the hands of any county superintendent, he
shall loan the same at any rate of interest not less than six
per cent., nor more than ten per cent., said rate to be fixed
by the county court or board of supervisors, and apportion
the interest as provided in this section : 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 treasurer has filed his
bond as required by the fifty-fifth section of the act, nor in
case said treasurer is re-appointed by the trustees, unless he
shall have renewed his bond and filed the same as afore-
said.
to report to § 17- *Qn or before the second Monday of November

st ndent superin ~ before eacn regular session of the general assembly, or
annually, if so required by the state superintendent, the
county superintendent shall communicate to said state su-
perintendent all such information and statistics upon the
subject of schools in his county as the said state superin-
tendent is bound to embody in his report to the governor,
and such other information as the state superintendent shall
require : and no county from which such report is not re-
ceived in the manner and within the time required by law,
shall be entitled to any part of the state school fund for the
year next succeeding that in which no report was made ;
and the county superintendent so failing or refusing to
Liable to re- report, shall be liable to removal by ,the county court or

movai. board of supervisors, for such neglect of duty : Provided,

that the state superintendent may remit the forfeiture of
funds prescribed in this section, for satisfactory cause.
To deliver § 18- The county superintendent,- upon his removal or

over money and resignation, or at the expiration of his term of service, (or

cessors. 7 ° suc "in case of his death, his representatives,) shall deliver over
to his successor in office, on demand, all moneys, books,
papers and personal property belonging to the office, or
subject to the control or disposition of the county superin-
tendent.

To make loans. § ^' ^ ne coun ty superintendent may loan any money,
not interest, belonging to the county fund, before the same
is called for according to law by the township treasurer,
at the same rate of interest, upon the same security and for
the same length of time as is provided by th/s act in rela-
tion to the township treasurers ; and notes and mortgages
taken in the name of the "county superintendent" of the
proper county, shall be, and all loans heretofore made in
the name of the " school commissioners," are hereby de-
clared to be as valid as if taken in the name of " trus-
tees of schools" of the proper township, and suits may be
brought in the name of " county superintendents" on

*See see. 1, act concerning reports Cp. 45).



all notes and mortgages heretofore or hereafter made paya-
ble to county superintendents.

§ 20. It shall be the duty of the county superintendent To visit schools
to visit every school in his county at least once each year, lB
and oftener if practicable, and to note the methods of in-
struction, the branches taught, the text-books used, and the
discipline, government and general condition of the schools,
He shall give such directions in the science, art and meth-
ods of teaching as he may deem expedient and necessary,
and shall be the official advisor and constant assistant of/
the school officers and teachers of his county, and shall faith-
fully carry out the advice and instructions of the state su-
perintendent. He shall encourage the formation and assist
in the management of county teachers' institutes, and labor
in every practicable way to elevate the standard of teach-
ing and improve the condition of the common schools of
his county. In all controversies arising under the school controversies—
law, the opinion and advice of the county superintendent j^tm ent°
shall first be sought, whence appeal may be taken to the
state superintendent, upon a written statement of facts, cer- ^
titled by the county superintendent.

§ 21. In all cases where the township board of trustees Duty in case
of any township shall fail to prepare and forward, or cause mak/returns™
to be prepared and forwarded, to the county superintendent,
the information and statistics required of them in this act,
it shall be the duty of said county superintendent to employ
a competent person to take the enumeration and furnish said
statistical statement as far as practicable, to the superin-
tendent : and said 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 whose custody such books and papers
may be, shall permit said person to examine such books
and papers, at 6uch times and places as such person may
desire for the purposes aforesaid ; and the said county su-
perintendent shall allow, and pay, to the person so employed compensation,
by him, for the services, such amount as he may judge rea-
sonable, 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 superin- county super-
tendent shall proceed to recover and collect the amount so JSltSute suft! a11
allowed or paid for such services, in a civil action before
any justice of the peace in the county, or before any court
having jurisdiction, in the name of the people of the state
of Illinois, of and against the trustees of schools of said
township, in their individual capacity ; and in such suit or
suits the said county superintendent and township treasurer
shall be competent witnesses ; and the money so recovered,
when collected, shall be paid over to the county superin-
tendent for the benefit of said township, to replace the
money taken as aforesaid,
—2



10

May re-seii § 22. When any real estate shall have been taken for
real estate. debts due to any school fund, the title to which real estate
has become vested in any county superintendent, or trustees
of schools, for the use of the inhabitants of two or more
townships, the county superintendent may re-sell such real
estate for the benefit of said townships, under the < provi-
sions of this act regulating the sale of the common school
lands ; and the said superintendent is hereby authorized to
execute conveyances to purchasers ; and said superintend-
ent shall be entitled to retain the same percentage on the
amount of such sale, out of the assets thereof, as he is en-
titled to for selling the common school lands.

TOWNSHIPS — TRUSTEES OF SCHOOLS.

Trustees made § 23. Each congressional township is hereby established
o y po i ie. a .j- own ship for school purposes. The business of the town-
ship shall be done by three trustees, to be elected by the
legal voters of the township, who, upon their election, as
( hereinafter provided, shall be a body politic and corporate,
by the name and style of "trustees of schools of township

, range ," according to the number. The said

corporation shall have perpetual existence, shall have power
to sue and be sued, to plead and be impleaded, in all courts
and places where judicial proceedings are had. Said trus-
tees shall continue in office three (3) years, and until others
are elected and enter upon the duties of their office. At
the first regular election of trustees, after the passage of
this act, three trustees shall be elected, who shall, at their
first meeting, which shall be within ten days after said elec-

'To draw lots tion, draw lots for their respective terms of office, for one,

for term of office i w0 and three years, and thereafter one trustee shall be
elected annually. If but two of the' trustees elect shall be
present at the first meeting as aforesaid, they shall draw
lots as aforesaid, and the lot not drawn shall determine and
fix the term of office of the remaining trustee.
Eligibility to § 24:. No person shall be eligible to the office of trustee

office of trustees f g^ools, unless he shall be twenty-one years of age, and
a resident of the township.
Election of § 25. The election of trustees of schools shall be on the

trustees. second Monday in October, annually ;* but in townships

where such election has not been heretofore had, or where
there are no trustees of schools, the election of trustees of
schools may be holden on any Monday ; notice being given
as hereinafter in this section required. The first election
shall be ordered, if in townships already incorporated, by
the trustees of schools of the township, the township treas-
urer giving notice of the time and place by posting up no-
tices of the same at least ten days previous to the day of
election, at or in the school house, or in the most public place-
in every school district in the township. If there are no trus-

*See sec. 1, amendment, p. 44.



11

tees of schools in a township, the clerk of the county court
shall cause the notice to be given as aforesaid. For all
subsequent elections, the like notices shall be given by the
trustees of schools, through the township treasurer : Pro- Proviso.
vided, that, if upon any day appointed as aforesaid, for
election aforesaid, 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 voters pre-
sent, or a majority of them, shall desire it, they shall post-
pone said election until the next Monday, and at the same
place and hour ; at which meeting the voters shall proceed
as if it were not a postponed or adjourned meeting : And, Further proviso
provided, also, that if notice shall not have been given as
above required, then, and in that case, said election may be
ordered as aforesaid, and holden on the first Monday in No-
vember, or any-other Monday; notice thereof being given
as aforesaid : And, provided, also, that if the township^trea- Further proviso
surer shall fail or refuse to give notice of the regular election
of trustees, as aforesaid, and if, in case of a vacancy, the
remaining trustee or trustees shall fail or refuse to order
an election to fill such vacancy, as required in section twen-
ty-nine of the act, then, and in each case, it shall be the
duty of the county superintendent to order an election of


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Online Librarystatutes Illinois. LawsSchool laws of Illinois, 1870. An Act to establish and maintian a system of free schools, approved February 16, 1865, together with the amendatory acts of 1867 and 1869 → online text (page 1 of 8)