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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 3 of 8)
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(33d) section of the act. When a district lies in two or District lying
more counties, the directors shall determine and certify the m^counTies™
rates to be levied on the taxable property lying in each
county, and return the same, with separate lists of resident
tax-payers, to the township treasurer, who shall return
them to the respective county clerks, as hereinbefore pro-

§ 45. According to the rate or rates, certified as afore- Duty of conn-
said, the said county clerk, when making out the tax books tycler ■"
for the collector, should compute each taxable person's tax
in said district, taking as a basis the total amount of taxable
property returned by the county assessor for that year, ly-
ing and being in said district, whether belonging to resi-
dents or non-residents, and also each and every tract of land
assessed by the assessor, which lies, or the largest part of
which lies in said district. The said county clerk shall
cause each person's tax so computed to be set upon the tax
book to be delivered to the collector for that year, in a sepa-
rate column, against each tax-payer's name or parcel of tax-
able property, as it appears in said collector's book, to be
collected in the same manner and at the same time, and by
the same persons aa state and county taxes are collected :*
Provided, the assessments so made in the years intervening Proviso,
between the regular biennial assessments of real estate as
provided in the revenue acts, shall be based upon the tax-
payer's real estate as assessed at the regular biennial assess-
ment. The computations of each persons tax, and the levy
made by the clerk as aforesaid, shall be final and conclu-
sive: Provided, further, the rate shall be uniform, and shall Further proviso
not exceed the rate certified by the board of directors ; and
the said county clerk, before delivering the tax book to the
collector, shall make out and deliver, on demand, to each
township treasurer of the respective townships in the coun-
ty, a certificate of the amount due each district in his town-

*See aot relating to assessments, etc., p. 45.


ship of said tax so levied and placed upon the tax books ;
and on or before the first day of April next after the deliv-
ery of the tax books containing the computation and levy
of said taxes aforesaid, or so soon thereafter as the town-
ship treasurer shall present the said certificate of the
amount of said tax, and make a demand therefor, the said
collector shall pay to said township treasurer the full amount
of said tax so certified by the county clerk, retaining from
said amount only two per centum as his fees for collection,
taking of the township treasurer his receipt therefor, which
receipt shall be evidence, as well in favor of the collector
as against the township treasurer; and said treasurer shall
enter the same in his books, under the proper heads, and
Districts com- pay the same out as provided for by this act. When a dis-

moi e e d towMMps trict is composed of parts of two or more townships, the
directors shall determine and inform the collector in writing,
under their hands as directors, which of the treasurers of
the townships from which their district is formed shall de-
mand and receive the tax money collected by the county
collector as aforesaid.

Penalty. § 46. If any collector shall fail to pay the amount of

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 collector
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 collector, so in de-
fault, shall pay twelve per centum upon the amount due, to
be assessed as damages, which shall be included in the
jadgment 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
he may be able to so collect such amount.
Directors for § 47. For the purpose of building school houses, or pur-

slfmay borrow chasing school sites, or for repairing and improving the same,

money. the directors, by a vote of the people, may borrow money,

issuing bonds executed by the officers, or at least two mem-
bers of the board, in sums of not less than one hundred dol-
lars ; but the rate of interest shall not exceed ten per cent.;
nor shall the sum borrowed in any one year exceed five per
cent, of the taxable property of the district ; nor shall the
tax levied in any one year for building school houses, ex-
ceed three per cent, [of said taxable property.]
Directors made § 48. The directors of each district are hereby declared

body corporate a DO cry politic and corporate, by the name of " school di-
rectors of district No. , township No. , county

f } and state of Illinois," and by that name may sue

and be sued in all courts and places whatever. Two direc-
tors shall be a quorum for business. The directors shall be


liable, as directors, for the balance due teachers, and for all Directors iia-

debts legally contracted. They shall establish and keep in due teLherslete

operation, for at least six months in each year, and longer,

if practicable, a sufficient number of free schools for the

proper accommodation of all the children in the district

over the age of six and under twenty-one years.* They

may adopt and enforce all necessary rules and regulations

for the management and government of the schools, and

shall visit and inspect the same as often as practicable.

They shall appoint all teachers, fix the amount of their re ^ ers of di "

salaries, and may dismiss them for incompetency, cruelty,

negligence or immorality. They may direct what branches

of study shall be taught, and what text-books shall be used

in their respective schools, and may suspend or expel pupils

for disobedient, refractory or incorrigibly bad conduct. It

shall not be lawful for a board of directors to purchase or When vote

iii -j. j. -U v m i must be taken.

locate a school house site, or to purchase, build or move a
school house, or to levy a tax to extend schools beyond six
months, without a vote of the people, at an election called
and conducted as required in the forty-second section of the
act. A majority of the votes cast shall be necessary to
authorize the directors to act : Provided, that if no one Proviso.
locality shall receive a majority of all the votes cast at such
election, the directors may, if in their judgment the public
interests require it, proceed to select a suitable school house
site, and the site so chosen by them shall, in such case, be
leo-al and valid, the same as if it had been determined by a
majority of the votes cast.


§ '49. If judgment shall be obtained against any town- Judgment and

, p .1 to i -i • t ■ j .P l i.-i.i j execution ag'gu

ship board oi trustees or school directors, the party entitled trustees anddi-
to the benefit of such judgment may have execution there- rectors -
for, as follows, to wit :' It shall be lawful for the court in
which such judgment shall be obtained, or to which such
judgment shall be removed by transcript or appeal from a
justice of the peace, or other court, to issue thence a writ,
commanding the directors, trustees and treasurer of such
township to cause the amount thereof, with interest and
costs, to 1 be paid to the party entitled to the benefit of said
judgment, out of any moneys, unappropriated, of said town-
ships, or, if there be no such moneys, out of the first mon-
eys applicable to the payment of the kind of services or
indebtedness for which such judgment shall be obtained,
which shall be received for the use of such township ; and
to enforce obedience to such writ by attachment, or by
mandamus, requiring such board to levy a tax for the pay-
ment of said judgment; and all legal process, as well as

See amendment, sec. 4, p. 43.


writs to enforce payments of a judgment, shall be served
either on the president or clerk of the board.

of teaehers.

Grades of cer-



Form of cer-

Shall keep re-
cord of exami-


§ 50. JSTo teacher shall be authorized to teach a common
school under the provisions of this act, who is not of good
moral character, and qualified to teach, orthography, read-
ing in English, penmanship, arithmetic, English grammar, I
modern geography, and the history of the United States.
It shall be the duty of the county superintendent to grant
Certificates to such teachers as may, upon due examination,
by himself, or a board of examiners by him appointed, be
found to possess the necessary qualifications. Said certifi-
cates shall be of two grades : those of the first grade shall
be valid for two years ; those of the second grade, for one
year. The county superintendent in ay, at his option, renew
said certificates, at their expiration, by his indorsement
thereon, and may revoke the same at any time, for immo-
rality, incompetency, or other just cause. Said certificates
may be in the following form, viz :

-, Illinois,


-, 18-.

The undersigned, having examined

in orthography, reading in

English, penmanship, arithmetic, English grammar, modern geography and

the history of the United States, and being satisfied that is of good

moral character, hereby certifies that qualifications in the above

branches are such as to entitle to this certificate, being of the

grade, and valid in said county for year from the date hereof, renewa-
ble at the option of the county superintendent by his indorsement thereon.
Given under my hand and seal, at the date aforesaid.

A. B., County Superintendent of Schools.

Each county superintendent shall also keep a record, in
a book provided for that purpose, of all teachers to whom
he grants certificates. Said record shall show the date and
grade of each certificate granted ; and the name, age and
nativity of each teacher ; and shall give the names, etc., of
male and female teachers separately. Said record may be
as follows, viz :









Illinois. .

March 1, 1864


Hao taught o years . . .

A copy or transcriptof said record shall be transmitted by'

the county superintendent, with his regular report, to the

state superintendent.

state certifi- The state superintendent of public instruction is hereby

catc^tojDejsPu^d authorized to grant state certificates to such teachers as may

ent of public in- be found worthy to receive them, which shall be of perpet-

Btruction. r x


ual validity in every county and school district in the state.
But state certificates shall only be granted upon public com- on pubiie ex-
petitive examination, of which due notice shall be given, amlBatl0n -
in such branches and upon such terms and by such examin-
ers as the state superintendent and the principal of the nor-
mal university may prescribe. The fee for a state certifi- Fee -
cate shall be five dollars. Said certificates maybe revoked Revocation,
'by the state superintendent upon proof of immoral or un-
professional conduct. Every school established under the
provisions of this act shall be for the purpose of instruction
in the various branches of an English education, and no
school funds shall be appropriated under this act for any
other class or description of schools : Provided, that noth- Proviso,
ing herein contained shall prevent the teaching, in common
schools, of other and higher branches than those enumera-
ted in this section.*

§ 51. It shall be the duty of county superintendents to Meetings for
hold meetings, at least quarterly, and oftener, if necessary, t^ 1 " 3 " 011 of
for the examination of teachers, on such days and at such
places in their respective counties as will, in their opinion,
accommodate the greatest number of persons desiring such
examination. Notice of such meetings shall be published Publication of
a sufficient length of time in at least one newspaper of gen- ™ )tlce -
eral circulation ; the expense of such publication to be paid
out of the school fund. County superintendents shall, in No fee.
no case, exact or receive any fee for certificates.


§ 52. No teacher shall be entitled to any portion of the mui .^f^.
common school or township fund, or other public fund, or Ued.
be employed to teach any school under the control of any
board of directors of any school district in this state, who
shall not, before his employment, exhibit to said board, or
to a committee of said board, a certificate of qualification
obtained under the provisions of this act ; nor shall any
teacher be paid any portion of the school or public fund
aforesaid, unless he shall have kept and furnished sched-
ules as herein directed.

§ 53. Teachers shall make schedules of the names of schedule.
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 coun-
ties, separate schedules shall be kept for each district, town-
ship or county, snd the absence or presence of every
scholar shall be set down under the proper date, and oppo-
site the name on every day that school is open, and the ab
sence of a scholar shall be signified by a blank — the pres-
ence by a mark. The schedule to be made and returned by
the teacher shall be, as near as-circuuut^nces will permit,
in the following form, viz :

•See amendment; see. 3, p. 44.


Form of

SCHEDULE of a common school kept by A. B., at , in district number — — ,

in township number , range number , of the principal meridian,

in the county of , in the State of Illinois:

Names and ages of schol-
ars attending my sehool,
and residing in district
number — , In township
— north, range — west,
in — eounty.


John Smith.......

Isaac Meslier

Saiah I'anforth. ..
Mary Newman . . .



Males .






Teacher's cer- And said teacher shall add up and set down the whole
hficate. number of days' attendance of each scholar, and add up said

whole numbers, and make out the grand total number of
days' attendance. He shall also note the whole number of
scholars, giving the males and females separately ; the ave-
rage daily attendance ; and shall set the age of each pupil
opposite the name of said pupil, as in the form above pre-
scribed, and shall attach thereto his certificate, which shall
be in the following form, viz :

I certify that the foregoing schedule of scholars attending my school,
as therein" named, and residing as specified in said schedule, to the best
of my knowledge and belief, is correct; and that it was a school for the
purpose of teaching various branches of an English education.

A. B., Teacher.

schedule to be When the teacher shall have completed his or her sched-
fe e ctors ed t0 di% ule of schedules, as above required, he or she shall deliver
it to some one of the directors, and it shall be the duty of
said director, in connection with one other director of the
board, to carefully examine such schedule or schedules,
and, after correcting all errors, and if they shall find such
schedule to have been kept according to law, they shall cer-
tify to the same, as near as practicable, in the following
form, viz :


in township number

We, the undersigned, directors of —

range number , in the county aforesaid, certify that we have examined

the foregoing schedule, and find t]ie same to be correct, and that the school
was conducted according to law. That there is now due said CD., teacher,


as per contract, the sum of dollars and cents, and that the said

teacher has a legal certificate of good moral character, and of qualification
to teach a common school (or of suoh grade as the case may be.)
Witness our hands, this day of a. n. 18 — .

-V ys'' [- Directors.

Which schedule or schedules, certified as aforesaid by at schedules to be
least two directors, shall be filed by said directors with the
township treasurer ; and until such schedule and report, as
aforesaid, shall have been filed as aforesaid, it shall not be
lawful for said treasurer to pay said teacher, or any two
members thereof to draw an order in favor of said teacher.

§ 54. School directors shall certify no schedule that Directors iim-
reaches back to a time more than six months from the time beanie dateof
fixed by law for the regular return of schedules to the town-
ship treasurer. Schedules, made and certified as aforesaid,
shall, at least two days before the first Monday in April and wheu to be
October, be delivered by the directors to the township eiverec *
treasurer. The director, or directors, to whom the schedule
is delivered by the teacher, shall receipt for the same ; Directors must
which receipt shall be evidence in favor of the teacher, and recel P*-
against the directors or directors ; and the directors shall be
personally liable for any loss sustained by the teacher
through their failure to deliver the schedule to the township
treasurer within the time fixed by law. Teachers' schedules
are hereby declared payable on the first Mondays in April when payable.
and October of each year;- and for any portion of the
amount certified in said schedules, by the directors, to be
due, and remaining unpaid after said first Mondays in April
and October respectively, teachers shall be entitled to inte-
rest, at the rate of ten (10) per cent, per annum, until paid ; unpaid at m-
1 and it is hereby made the duty of all school directors, trus-
tees and^towuship treasurers, to allow andfpay said rate of
interest upon all unpaid balances due teachers as aforesaid ;
and said balances shall be paid out of the first moneys
coming into the hands of the township treasurer, to the
credit of the proper district, and not otherwise previously
and specifically appropriated.


5 55. The township treasurer, appointed by the board Treasurer to

.,3 , , . . .. l , -i • 3 L- j. £ 1Te bond.

ot trustees, shall, before entering upon his. duties, execute
a bond, with two or more freeholders, who shall not be
members of the board, as securities, payable to the board
of the township for which he is appointed treasurer, with
a sufficient penalty to cover all liabilities which may be in-
curred, conditioned faithfully to perform all the duties of

township treasurer, in township , range , in

county, according to law. The security shall be ap-
proved by at "least a majority of the board, and shall be de-
livered by one of the trustees to the county supermten-

*See amendment, sec. 2, p. 44. ,


dent of the proper county. And in all cases where such
treasurer aforesaid ie to have the custody of all bonds,
mortgages, moneys and effects denominated principal, and
belonging to the township for which he is appointed trea-
surer, the penalty of said treasurer's bond shall be twice the
amount of said bonds, notes, mortgages, moneys, and ef-
fects. And every township treasurer appointed subse-
quent to the first, as herein provided, shall execute bond,
with security, as is required of the first treasurer. The
bond required in this section shall be in the following form,
viz : ,


CouNTr. ) ss '

Form of bond. Know all men by these presents, that we, A. B., C. D., and E. E., are

held and firmly bound, jointly arid severally, unto the board of , in

said county, in the penal sum of dollars, for the payment of which,

we bind ourselves, our heirs, executors and administrators, firmly by these

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., township treasurer of township , range ■ — , in the county

aforesaid, shall faithfully discharge all the duties of said office according
to the laws which now are, or may hereafter be in force, and shall deliver
to 'his successor in office all moneys, books, papers, securities and property
in his hands as such township treasurer, then this obligation to be void ;
otherwise to remain in full force and virtue.

A. B., [seal.]
C. D., [seal.]
E. P., [seal.]
Approved and accepted by

G. H., )

I. J,, V Trustees.

K. L., )

*JE «,J r< ? vide § 56. Everv township treasurer shall provide himself

oook and Keep .«. - *f , . {,

account of mon- with two well bound books, the oneto be called a cash book,
the other a loan book. He shall charge himself in the cash
book with all moneys received, stating the charge, when,
from whom and on what account received ; and credit him-
self with all moneys paid or loaned, the amount loaned,
the date of the loan, the rate of interest, the time when
payable, the name of the securities, or, if real estate be ta-
ken, a description of the same. Heshallalso enter, insepa-
rate accounts, moneys received and moneys paid out,
charging the first to debit account, and crediting the latter as
follows, to-wit : First, the principal of the township fund,
when paid in and when paid out. Second, the interest of
the township fund, when received and when paid out.
Third, the common school fund, and other funds, when re-
ceived from the county superintendent, and when paid out.
^Fourth, the taxes received from the county collector, dis-
tinguishing between that for general school purposes and
that levied for the purpose of prolonging schools. Fifth,
donations received. Sixth, moneys coming from all other


sources; and in all cases entering the date when received
and when paid out; and he shall also arrange and keep his
books and accounts in such other manner as may be direc-
ted by the state or county superintendent, or Xhe board of
trustees. He shall also provide a book, to be called a jour-
nal, in which he shall record, fully and at length, the acts
aod proceedings of the board, their orders, by-laws and
resolutions ; which book shall be at all times subject to the
inspection of said board, or other person authorized by this
act, or of any committee appointed by the inhabitants of the
township to examine the same. And he shall also provide
a book, to be called a record, in which he shall enter a brief
description of all notes or bonds belonging to the township 3
and upon the opposite page he shall note down when paid,
or auy remarks to show where or in what condition it is, as
in the following form, viz :




Date of note.

January 1st,


When clue, j Amount.

• 18—.

1st, I .$90 00


January 6, 18 — , handed
to I J, for collection, (or
January 6, 18 — , paid.)

§ 57. Township treasurers shall loan, upon the follow- To loan funds;
ing conditions, all moneys which shall come to their hands
by virtue of their office, except such as may be subject to
distribution. The rate of interest shall not be less than six
per cent., nor more than ten per cent, per annum, payable
half-yearly in advance ; the rate of interest to be deter-
mined by a majority of the township trustees, at any reg-
ular or special meeting of their board. ISTo loans shall be
made for less than six months, or more than five years.
For all sums not exceeding one hundred dollars, loaned for
not more than one year, two responsible securities shall be
given; for all sums over one hundred dollars, and for all
loans for more than one year, security shall be given by
mortgage on real estate, unincumbered, in value double
the amount loaned, with a condition that in case additional
security shall at any time be required, the same shall be
given to the satisfaction of the board of trustees for the
time being : Provided, that nothing herein shall prevent Proviso.
the loaning of township funds to boards of school direc-
tors, taking bonds therefor, as provided in section forty-
seven of the act : And, provided, further, that all loans of Further proviso
school money, made by township treasurers and school
officers, daring the past two years, in accordance with the

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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 3 of 8)