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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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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 2 of 8)
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trustees, or to fill vacancies, as aforesaid, and all elections
so ordered and held shall be valid to all intents and pur-
poses whatever.

§ 26, Two of the trustees of schools of incorporated Judges and
townships, if present, shall act as judges, and one as clerk Hon. ° elec "
of said election. If said trustees shall fail to attend, or re-
fuse to act when present, and in townships unincorporated,
the qualified voters present shall choose from amongst
themselves, three judges and a clerk to open and conduct
said election.

§ 27. The time and manner of opening, conducting and Time, etc., of
closing said election, and the several liabilities appertaining electlons -
to the judges and clerks, and to the voters separately and ,
collectively, and the manner of contesting said elections,
shall be the same as prescribed by the general election laws
of this state, defining the manner of electing magistrates
and constables, so far as applicable, subject to the provisions
of this act: Provided, the judges may close said election at
four o'clock p. m.

§ 25. !No person shall vote at said election unless he voters, tie.
possesses the qualification of a voter at a general election.
In case of a tie at such election, it shall be determined by
lot, on the day of election, by the judges thereof.

§ 29. When a vacancy or vacancies shall occur in the vacancy,
board of trustees of schoob, the remaining trustee or trustees
shall order an election to fill such vacancy, upon any Mon-
day ; notice to be given, as required in section twenty-five


ii^r U d? °l er" § ^- Upon the election of trustees of schools, the judges

3ntendent SIlpeT ~ of the election shall cause the poll book of said election to
be delivered to the county superintendent of the county,
with a certificate thereon, showing the election of said trus-
tees and names of the persons elected ; which poll book,
with the certificate, shall be filed by said superintendent,
and shall be evidence of such election.
powers of § 31. The said trustees of schools, elected as aforesaid,

successors. a ' shall be 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 com-
mon schools," approved February 26, 1811, and of "An act
to establish and maintain common schools," approved March
1, 1847. All rights of property, and rights and causes of
action, existing or vested in the trustees of school lands, or
trustees of schools appointed or elected as aforesaid, 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 school commis-
sioner, (the trustees of school lands,) or the trustees of schools '
appointed and elected as aforesaid.
Meeting of § 32. It shall be the duty of the board of trustees to

trustees. 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 may think proper. Special meetings
of the board may be called by the president, or any two
members thereof, and at all meetings two members of the
board shall be a quorum for business. The board shall
organize by appointing one of their number president, and
some person, who shall not be a director or trustee, trea-
cierb of board, surer, who shall be, eos officio, clerk of the board. The pre-
sident 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
cause. It shall be the duty of the president 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 re-
cord, in a book to be provided for the purpose, all their offi-
cial proceedings, which shall be a public record, open to the
inspection of any person interested therein ; and all of said
proceedings, when recorded, shall be signed by the presi-
dent and clerk. If the president 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 tempore, may
be appointed.
Todivideinto § 33. Trustees of schools shall lay off the township in-
prepivt 3 maS to one or mor e districts, to suit the wishes and convenience
of a majority of the inhabitants of their township, and shall
prepare, or cause to be prepared, a map of their township,
as often as may be necessary, on which map shall be desig-



riated district or districts, to be styled, "district No. ,

in township No. ," which districts they may alter or

change at any regular session; which map 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 treasury : Provi- school districts
ded, that school districts may be formed out of parts of two ^^ "^o^or
or more townships, or fractional townships, in which case m ° rs townships
the trustees of schools of the townships interested shall
concur in the formation of such districts. When a new Funds to be
district is formed from one or more districts, the trustees p «ion to^taxes
of the township or townships concerned shall make divis- collected.
ion of any tax funds, or other funds which are or may be
in the hands of the township treasurer or treasurers, in
proportion to the amount of taxes collected from the prop-
erty remaining in each district; and all school property be-
longing to the district or districts out of which the new dis-
trict is formed shall be appraised in a just and equitable
manner, and the estimated value shall be distributed by the
trustees among the districts concerned, in proportion to the
amount of taxable property remaining in each, and the
town treasurer or treasurers shall forthwith place the sums
so distributed to the credit of the respective districts, sub-
ject to the order of the directors thereof ; Provided, that Funds, when
the funds on hand shall be divided at the time such new dmded -
district is formed, and that all funds payable, but not yet
received by the treasurer or treasurers, shall be divided as
soon as received, and that the school property shall be ap-
praised and apportioned as aforesaid within three months
from the formation of such new district. And when any
two or more districts shall be consolidated into one, the
new district shall own all the corporate property and funds
of the several districts.

§ 34. At the regular semi-annual meetings on the first Trustess to
Mondays of April and October, the trustees shall ascertain fapporUo11 tods
the amount of state, county and township funds on hand
and subject to distribution, and shall apportion the same as
follows : First, two per cent, to the township treasurer.
Second, whatever may be due for the books of the treas-
urer, and such sum as may be deemed reasonable for divi-
ding school lands, making plats, etc. Third, of the remain-
der, one-half shall be divided among the districts in pro-
portion to the number of children under twenty-one years
of age in each, and the other half in proportion to the at-
tendance certified in the schedules. The funds thus appor-
tioned 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.

§ 35. Pupils shall not be transferred from one' district ptipiis, how
to another without the written consent of a majority of the transferred.


Schedules, how
returned and
paid, to be ta-
kcsn as evidence
of credit.

of districts.

Trustees re-
port to countj
superhitenden t

No. of schools.

directors of both districts ; which written permits shall be
delivered to and filed by 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 dis-
trict, computed upon the basis of the total number of days'
attendance of all the schedules. If the district from which
the pupils are transferred are in the same township as the 1
district in which the school is taught, the directors of said
district shall deliver the separate schedules to their town-
ship treasurer, who shall credit the district in which the
school was taught, and charge the other districts with the
respective amounts certified in separate schedules to be due.
If pupils are transferred from a district of another town-
ship, 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 teacher, for the amount cer-
tified to be due in said separate schedules.* A majority of
the directors of each of two or more districts may consoli-
date said districts and appoint three directors for the union
district so formed, who shall be styled, "directors of union

district No. , township No. ," who shall have all

the powers conferred by law upon other school directors.
The proceedings of the act of consolidation shall be signed
by a majority of each of the concurring boards of directors,
and delivered to the trustees of the proper township, and
shall be evidence of such consolidation ; and upon receiving
a copy of said proceedings, it shall be the duty of the trus-
tees to change the map of the township in accordance there-
with, and file the same with thie clerk of the county court.
The separate boards of directors shall then be dissolved, and
the union directors shall draw lots for their respective terms
of -office and be thereafter elected as provided in the forty-
second section of the act.

§ 36. The board of trustees of each township in this
state shall prepare, or cause to be prepared, by the town-
ship treasurer, the clerk of the board, or other person, and
forwarded to the county superintendents of the county in
which the township lies, on or before the second Monday of
October preceding each regular session of the general as-
sembly of this state, and at such other times as may be re-
quired by the county superintendent, or by the state su-
perintendent of public instruction, a statement exhibiting
the condition of schools in their respective townships for
the preceding biennial period, giving separately each year,
commencing on the first Mondays of October, and ending
on the last of September ; which statement shall be as fol-
lows : First, the whole number of schools which have been
taught in each year ; what part of said schools have been
taught by males exclusively ; what part have been taught

*See amendment, sec. 3, p. 43.



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. Second, SC k I } m s, er of
the whole number of scholars in attendance at all the schools,
giving the number of males and females separately. Third, Number of
the number of male and female teachers, giving each sepa-
rately ; the highest, lowest, and average monthly compensa-
tion paid to male and female teachers, giving each item sepa-
rately. Fourth, the number of persons under twenty-one Number of
years of age. Fifth, the amount of the principal of the town- Amount of fund
ship fund ; the amount of the interest on the township fund
paid into the township treasury ; the amount of state or com-
mon school fund received by the township treasurer ; the
amount raised by ad valorem tax and the amount of such tax Amount of tax.
received into the township treasury, and the amount of all
other funds received into the township treasury. Sixth. e -|™ e ° uilt es>
amount paid for teachers' wages ; the amount paid for school
house lots ; the amount paid for building, repairing, pur-
chasing, 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
compensation to township officers and others. Seventh, the other mforma-
whole amount of the receipts and expenditures for school I0nasiequ
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 Forfeiture.
such report is not received in the manner and time required
by law, • shall forfeit its portion of the public funds for the
next ensuing year: Provided^ that upon the recommendation
of the county superintendent, or for good and sufficient rea-
sons, the state superintendent may remit such forfeiture.

§ 37. In all cases where a township is or shall be divided separate enu-

° * r i merauon to De

by a county line or lines, the board oi trustees of such town- made,
ship shall make or cause to be made separate enumerations
of male and female white persons of the ages as directed in
the foregoing section of this act, designating separately the
number residing in each of the counties in which such town-
ship may lie, and forward each respective number to the pro- \
per county superintendent of each of said counties ; and in
like manner, as far as practicable, all other statistics and in-
formation enumerated aud required to be reported in the
aforesaid section, shall be separately reported to the several
county superintendents ; and all such parts of said statisti-
cal information as are not susceptible of division, and are
impracticable to be reported separately, shall be reported to
the county superintendent of the county in which the six-
teenth section of such township is situated.

§ 38. A.t each semi-annual meeting, and at such other Books and
meetings as they may think proper, the said township board es§Ki|ed. t0 be
shall examine all books, notes, mortgages, securities, pa-
pers, moneys and effects of the corporation, and the ac-


counts and vouchers of the township treasurer, or other
township school officer, and shall make such order thereon
for their security, preservation, collection, correction of er-
rors, if any, and for their proper management, as may seem
to said board necessary.
May receive § 39. The board of trustees of each township* in the
donations, etc. g {. ate ma y rece i ve any g^ grant, donation or demise made

for the use of any school or schools, or library, or other
The control of school purposes within their jurisdiction ; and they shall be

vested in^the an ^ are hereby invested, in their corporate capacity, with

board of direct- the title, care and custody of all school houses and school
house sites ; but the supervision and control of them is ex-
pressly vested in the directors of each district in which said
property is situated ; and when, in the opinion of the school
directors, the school house site has become unnecessary, or
unsuitable, or inconvenient for a school, said board 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 terms of sale, and such con-
veyance shall be executed by the president and clerk of said
board, and the avails shall be paid over to the township
treasurer for the benefit of said district ; and 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.
Money to be § ^0. The township board shall cause all moneys for the

p */ d , r t0 * t0 ™" use °f the townships to be paid over to the township treasurer.
They shall have power, also, to remove the township treas-
urer at any time, for any failure or refusal to execute or
comply with any order or requisition of said board, legally
made, or any other improper conduct in the discbarge 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 bond.
Trustees to § 4:1. The township trustees are hereby vested with

estate? se real general power and authority to purchase real estate, if, in
their opinion, the interests of the township fund will bepro-
N moted thereby, in satisfaction of any judgment or decree

wherein the said board or county superintendent are plain-
tiffs or complainants ; and the title of such real estate so
purchased shall vest in said board, for the use of the inhabi-
tants of said township, for school purposes ; and all pur-
chases of land heretofore made by county superintendents,
or trustees of school lands, or trustees of schools, for the use
of any fund or township for the use of schools, are hereby
declared valid. The said board are hereby vested with
general power and authority to make all settlements with
persons indebted to them in their official capacity ; or re-
ceive deeds of real estate in compromise; and to cancel in
such manner as they may think proper, notes, bonds, mort-


gages, judgments and decrees, existing, or that may here-
after exist, for the benefit of the township, when the interest
of said township, or the fund concerned, shall, in their opin-
ion, require it; and their action shall be valid. Said board Mayseii.
of trustees are hereby authorized to lease or sell, at public
auction, any land that may come into their possession, in
such manner, and on such terms, as they shall deem for the
interest of the township : Provided, that in all cases of sale Proviso.
of land as provided 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 sixteenth section.


§ 42. The annual election of school directors shall be on » Election of di-
the first Monday of August,* when one director shall be rec1
elected in each district, who shall hold his office for three
years, and until his successor is elected. In new districts First election
the first election may be on any Monday, notice being given -notice thereof
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 Lotsto be drawn
one, two and three years. When vacancies occur, the re- vacancies to
maining director or directors shall, without delay, order an be filled -
election to fill such vacancies. Notices of all elections in Notice gken.
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 closiDg the polls, and
the question or questions to be voted on. Two of the di-
rectors shall act as judges, and one as clerk of said election. Judges and clerk
But, if said directors shall fail to attend, or refuse to act,
when present, and in unorganized districts, the legal voters,
when assembled, shall choose three of their number to act as
judges, and one as clerk of said election : Provided, that if Election may
upon the day appointed for said election the said directors be postponed.
or judges shall be 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 Monday, at the
same place and hour, when the voters shall proceed as if it
were not an adjourned meeting : And, provided, also, that
if notice shall not have been given, as above required, then
said election may be ordered as aforesaid, and holden on
the third Monday in August, or any other Monday, notice
thereof being given as aforesaid. In case of a tie, the judges Tie.
shall decide it, by lot, on the day of election. The directors cierkot'direc-
shall appoint one of their number clerk, who shall keep a tors— his duties,

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



kept ec in r enit°ab b ie recor d of all the official acts of the board, in a well bound

boos-. book, provided for the purpose ; which record shall be sub-

mitted to the township treasurer, for his inspection and ap-
proval, on the first Mondays of April and October, and at
such other times as the township treasurer may require.
Directors are authorized 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. No

toTalsemoney 6 P erson sna ^ be entitled to vote at any district election, on
the question of raising money, unless he shall have resided
in the district at least thirty days immediately preceding
said election, nor unless he shall have paid a tax in said
district the preceding year, or shall have been assessed in
such district for the year in which such election is held.
Poll book and After every election of directors the judges shall cause the

returned, :e poll book to be delivered to the township treasurer, with a
certificate thereon showing the election of said directors and
names of the persons elected ; which poll book shall be filed
by the township treasurer, and shall be evidence of said

Mustbearesi- election. If any trustee or director shall not be an inhabi-
tant of the district or township which he represents, an
election shall be ordered to fill the vacancy, and no person
shall be at the same time a director and trustee, nor shall
a director or trustee be interested in any contract made by
the board of which he is a member. 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 he 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.
Directors may 8 43. For the purpose of establishing and supporting

levy taxes for *» ■■ V * if o iio

certain purpo- tree schools for six months, and defraying all the expenses
of the same, of every description ; for the purpose of repair-
ing and improving school houses ; of procuring furniture,
fuel, libraries and apparatus, and for all other necessary in-
cidental expenses, the directors of each district shall be au-
thorized to levy a tax annually upon all the taxable property
May appropri- °f the district. They may also appropriate to the purchase

ate for libraries, of libraries and apparatus any surplus funds, after [all] ne-
cessary school expenses are paid.
Directors to § 4i. The directors of each district shall ascertain, as

of funds re- nearly as practicable, annually, how much money must be

quired. raised by special tax for school purposes during the ensuing

year. They shall then find what rate per cent, this amount
will require to be levied upon the taxable property, real and
personal, of the district, which rate, with a list of the resi-
dent tax-payers, alphabetically arranged, shall be certified
and returned to the township treasurer, on or before the


first Monday of September, annually. The certificate of
the directors may be in the following form, viz :

We hereby certify that we require the rate of to be levied as a Certificate.

special tax for school purposes, ou the taxable property of our district, for

the year 18 — . Given under our hands this day of , 18 — .

A. B.J Directors district No. — township
C. D.,[- No. — , range No. — , county of
E. F.,) , and State of .Illinois.

It shall be the duty of the township treasurer to return ^ Treasurer to
said, certificates and lists of tax-payers to the clerk of the township! . p
county court on or before the second Monday of Septem-
ber ; and. whenever the boundaries of the districts of the
township shall have been changed, the township treasurer
shall return to the clerk of the county court, with the cer-
tificates and lists aforesaid, a map of the township, showing
such changes, and certified as required in the thirty-third

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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 2 of 8)