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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 4 of 8)
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instructions of the state superintendent, are hereby declared
lawful, as if made under the provisions of this section, as



28

amended. Notes, bonds, mortgages and other securities
taken for money or other property, due or to become due to
the board of trustees for the township, shall be payable to
the said board by their corporate name ; and in such name
suits, actions and complaints, and every description of legal
proceedings, may be had for the recovery of money, the
breach of contracts, and for every legal liability which may
at any time arise or exist, or upon which a right of action
Proviso. shall accrue to the use of this corporation : Provided, how-

ever, that notes, bonds, mortgages and other securities in
which the name of the county superintendent, or of the
trustees of schools, are inserted, shall be valid to all intents
and purposes ; and suit shall be brought in the name of the
board of trustees as aforesaid. The wife of the mortgager
(if he has one) shall join in the mortgage given to secure
the payment of money loaned by virtue of the provisions
of this act.

§ 58. Mortgages, to secure the payment of money
loaned under the provisions of this act, may be in the fol-
lowing form, viz :

Form of mort- I, A. B., of the county of , aud state of , do hereby grant,

gage, convey and transfer to the board of trustees of township , range ,

in the county of , and state of Illinois, for the use of the inhabitants

of said township, the following described real estate, to-wit : (Here insert
premises.) Which real estate I declare to be in mortgage for the payment

of ■ dollars loaned to me, aad for the payment of all interest that may

accrue thereon, to be computed at the rate of per cent, per annum

until paid. And I do hereby covenant to pay the said sum of money in

years from the date hereof, and to pay iraterest on the same at the

rate aforesaid, half-yearly in advance. I further covenant that I have a
good and valid title to said estate, and that the same is free from all incum-
brance ; and that I will pay all taxes and assessments which may be levied
on said estate ; and that I will give any additional security that may at
any time be required by said board of trustees ; and if said estate be sold
t^ pay said debt, or any part thereof, or for any failure or refusal to com-
ply with or perform the conditions or covenants herein contained, I will
deliver immediate possession of the premises ; and in consideration of the
premises, C, wife of said A. B., doth hereby release to the said board all
her right and title of dower in the aforegranted premises, for the purposes
aforesaid.

In testimony whereof, we have hereunto set our hands and seals this

day of , 18 — .»

A. B., [seal.]
C. D., [seal.]

To be recorded. "Which mortgage shall be acknowledged and recorded as
is required by law for other conveyances of real estate, the
mortgager paying the expenses of acknowledgment and re-
cording, and fifty cents as a fee to the township treasurer.
Breach of eon- § 59. Upon the breach of any condition or stipulation
contained in said mortgage, an action may be maintained
and damages recovered as upon other covenants ; but mort-
gages made in any other form to secure payment as afore-
said, shall be valid as if no form had been prescribed. In
estimating the value of real estate mortgaged to secure the
payment of money loaned under the provisions of this law



ditions.



29

the value of improvements liable to be destroyed shall not
be included.

§ 60. In all eases where the board of trustees shall re- Additional ?e-
quire additional security for the payment of money loaned, curit y-
and such security shall not be given, the township treasurer
shall cause suit to be instituted for the recovery of the same,
and all interest thereon, to the date of judgment : Provided^
that proof be made of the said requisition. In the payment
by debts by executors and administrators, those due the
common school or township fund shall have a preference
over all other debts, except funeral and other expenses
attending the last sickness, not including the physician's bill/
And it shall be the duty of the township treasurer to attend
at the office of the probate justice upon the proper day, as
other creditors, and have any debts, as aforesaid, probated
and classed, to be paid as aforesaid. '

§ 61. If default be made upon the payment of interest Default in pay-
due upon money loaned by any county superintendent or men i of interest
township treasurer, or in the payment of the principal, in-
terest at the rate of twelve per cent, per annum shall be
charged upon the principal and interest from the day of de-
fault, which shall be included in the assessment of dam-
ages, or in the judgment in suit or action brought upon the
obligation to enforce payment thereof; and interest as afore-
said may be recovered in action brought to recover interest
only. And the said township treasurers are hereby em-
powered to bring appropriate actions, in the name of the Bring suit.
board of trustees, for the recovery of the half-yearly inte-
rest, when due and unpaid, without suing for the principal,
in whatever form secured, and justices of the peace shall
have jurisdiction in such cases of all sums under one hun-
dred dollars.

§ 62. All suits brought, or actions instituted under the A n suits and
provisions of this act, may be brought in the name of the FH?" 8 hr °u% ht .

"board of trustees ol township , range , except the board,

as is provided for action qui tarn in this act, or in favor of
connty superintendents. The township treasurer shall de-
mand, receive and safely keep, according to law, all moneys,
books and papers of every description belonging to his town-
ship. He shall keep the township fund loaned at interest ;
and if, on the first Monday of October in any year, there
shall be any interest or other funds on hand, which shall not
be required for distribution, such amount, not required as
aforesaid, may, if the board of trustees see proper, forever
be considered as principal in the funds to which it belongs,
and loaned as such.

§ 63. On the first Mondays of April and October, of statement to
every year, the township treasurer shall lay before the board A%iUndOcti>
of trustees a statement, showing the amount of interest, ber.
rents, issues and profits that have accrued or become due
since their last regular half-yearly meeting on the town-



30

ship lands and township funds, and also the amount of state
and county fund interest on hand. He shall also lay before
the said trustees all books, notes, bonds, mortgages, and all
other evidence of indebtedness belonging to the township,
for the examination of the trustees, and shall make such
other statement as the board may require touching the du-
ties of his office. The township treasurer shall, also, on
the first Mondays of April and October of each year, make

Settlement. a full settlement with the respective boards of directors in
his township, and shall deliver to the clerk of each of said
boards, on demand, a statement or exhibit, showing the
exact condition of the account of each district, and the
amount of funds of every description in his hands, to the
credit of and belonging to each district, respectively, and
subject to the order of the directors thereof.

fenaity § 64. For an}' failure or refusal to perform all the duties

required of township treasurer by law, he shall be liable to
the board of trustees upon his bond, to be recovered by
action of debt by said board, in their corporate name, for
the use of the proper township, before any court having
jurisdiction of the amount of damages claimed ; but if said
treasurer, in any such failure or refusal, acted under and
in conformity to a requisition or order of said board, or a
majority of them, entered upon their journal and subscribed
by their president and clerk, then and in that case the mem-
bers of the said board, aforesaid, or those of them voting
for said requisition or order, aforesaid, and not the treasu-
rer, shall be liable, jointly and severally, to the inhabitants
of the township, to be recovered by action of assumpsit, in
the official name of the county superintendent of schools,
for the use of the proper township.
Bonds, mort- § 65. When a township treasurer shall resign, or be re-

le g aeiivOT C ed to moved, and at the expiration of his term of office, he shall

successors. y oyer to ^-g g UCCe ggor in office all money on hand, and

deliver over all books, notes, bonds, mortgages, and all
other securities for money, and all papers and documents
of every description, in which the corporation may have
any interest whatever; and in case of the death of the
township treasurer, his securities and legal representatives
shall be bound to comply with the requisitions of this sec-
tion. And for any failure to comply with the requisitions
of this section, he shall be liable to a penalty of not less
than ten nor more than one hundred dollars, at the discre-
tion of the court before which judgment may be obtained ;
and the obtaining or payment of said judgment shall in no
wise discharge or diminish the obligation of his official bond.



TOWNSHIP AND COUNTY SCHOOL FUNDS.

school fund § 66. All bonds, notes, mortgages, moneys and effects,
principaifn < ce t " which have heretofore accrued, or may hereafter accrue,

tain cases.



from the sale of the sixteenth section of the common school
lands of any township or county, or from the sale of any
real estate or other property, taken on any judgment or
for any debt due to the principal of any township or county
fund; and all other funds, of every description, which have
been or may hereafter be carried to and made part of the
principal of any township or county fund, by any law which
has heretofore been, is now, or may hereafter be enacted,
are hereby declared to be, and shall forever constitute the
principal of the township or county fund, respectively, and
no part thereof shall ever be distributed or expended for
any purpose whatever, but shall be loaned out, and held to
use, rent or profit, as provided by law. But the interest,,
rents, issues' and profits, arising and accruing from the
principal of said township or county fund, shall be distri-
buted in the manner and at the times as provided in this
act and the act of which this is amendatory ; nor shall any
part of such interest, rents, issues and profits, be carried to
the principal of the respective funds.

§ '67. School funds collected from special taxes, levied se&ooi^fiinds
by order of school directors, or from the sale of property on order "of ai-
belonging to any district, shall be paid out on the order of rectors -
the proper board of directors ; and all other moneys and
school funds, liable to distribution, paid into the township
treasury, or coming into the hands of the township treasu-
rer, shall, after said funds have been apportioned by the
township trustees, as required in section thirty-four of the
act of which this act is amendatory, be paid out only on the
order of the proper board of directors, signed by the presi-
dent and clerk of said board, or by a majority thereof. For
all payments made, receipts shall be taken and filed. In
all such orders shall be stated the purpose for which, or on
what account drawn. Said orders may be in the following
form, viz :

The treasurer of township No. , range No. , in county, will Form of order.

pay to , or bearer, — dollars and cents, (on his con-
tract for repairing school house, or whatever the purpose may be.)

By order of the board of directors of district No. — , in said township.

A. B., President.

C. D., Clerk

Which order, together with the receipt of the person to order and re-
whom paid, shall be filed in the office of the township trea- "iptstobeflied
surer.

COMMON SCHOOL FUNDS.

§ 68. The common school fund of this state shall con- common school
sist of such sums as will be produced by the annual levy and
assessment of two mills upon each dollar's valuation of all the
taxable property in the state ; and there is hereby levied
and assessed, annually, in addition to the revenue for state



32

purposes, the said two mills upon each dollar's valuation of
all the taxable property in the state, to be collected and
paid, and the amount due from the state, according to a state-
ment and settlement of the account between the state and
that fund, under the provisions of an act entitled "An act
to provide for the distribution and application of the inte-
rest on the school, college and seminary fund, approved
on the seventh of February, one thousand eight hundred
and thirty-five, and of all funds which have been or may
be received by the State from the United States, for the
use and support of common schools ; and also of the mo-
ney added to the common school fund, which was received
from the United States under an act of Congress providing
for the distribution of the surplus revenue of the United
States, and which was invested in bank stock by authority
of the state, and of the amount added to the school fund
under an act requiring the three per cent, fund to be inves-

Proviso. ted in state bonds : Provided, that in cases where hereto-

fore the state taxes have not been collected in any county,
such county shall not be entitled to a distribution of the col-
lege, seminary and school fund for the period of time that
no such taxes have been collected, and that the portion of
the fund aforesaid shall in such cases be distributed without
regard to such county.

interest l ° pay § ^9. The state shall pay an interest of six per cent, per an-
num upon the amount of the aforesaid common school funds,
except on so much thereof as may be realized from the
levy of the tax directed to be levied under the provisions
of this act, which shall be paid annually, and applied 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 interest shall be
loaned to the common school fund, and known in this law
and applied in all cases as interest on the common school
fund as aforesaid.

Duty of auditor. § 70. On the first Monday in January, in each and
every year next after taking the census of the state, the
auditor of public accounts shall, under the supervision of the
commissioner of the school fund of the state, ascertain the
number of white children in each county in the state under
twenty years of age, and shall thereupon make a dividend
to each county of two-thirds the stun from the tax levied and
collected under the provisions of the sixty-eighth section of
this act ; and the interest due on the school, college and
seminary fund, in proportion to the number of white chil-
dren in each county under the age aforesaid ; and of the re-
maining one-third, in proportion to the number of town-
ships and parts of townships in each county, and issue his
warrant to the superintendent of schools of each county
upon the collector thereof. And upon presentation of said



33

warrant by the county superintendent to the collector of
his county, said collector or treasurer shall pay over to the
county superintendent the amount of said warrant out of
the first specie funds which may be collected by him, and
not otherwise appropriated by law, taking said superintend-
ent's receipt therefor ; and on settlement with the auditor
said collector shall be credited with the amount specified in
said receipt, in the same manner as if it had been paid into
the treasury. Dividends shali be made as aforesaid, ac-
cording to the proportions ascertained to be due to each
county, annually thereafter, until another census shall have
been taken, and then dividends shall be made and continued
as aforesaid, according to the last census : Provided, that if Proviso,
any collector shall fail or refuse to pay, in gold or silver,
the amount of the aforesaid warrant, or any part thereof, by
the first day of March, annually, or so soon thereafter as it
may be presented, it shall be competent for the county su-
perintendent to proceed against said collector and 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 all such suits, render judgment, and issue
execution ; or said suits may be brought in any court having
jurisdiction ; and the said collector shall pay twelve per
centum, to be assessed as damages, upon the amount due,
and which shall be included in the judgment obtained
against him.



COMPENSATION OF OFFICERS.

§ 71. Collectors of the two mill tax, authorize under compensation
section sixty-eight (68) of the act of which this act is amend- of county°super-
atory, shall be entitled to ouly two per cent, on the amount mtendeiltB -
collected by them. County superintendents shall be al-
lowed to retain, out of the township funds of the township
for which the services may be rendered, three per cent,
upon the amount of sales of school lands, and upon the real
estate taken 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 the act of which
this act is amendatory ; and two per cent, they may retain
upon the amount of all sums distributed, paid or loaned out
by them for the support of schools. And for their services
as county superintendents of schools, including the duties
enjoined by the sixth [twentieth] section of this act, they
shall be entitled to receive* three dollars per day for any
number of days not exceeding two hundred in any one year ;
which account shall be certified and sworn to by the county
superintendent, and shall be paid semi-annually, from the
county treasury. County courts and boards of supervi-
sors are also authorized to make additional appropriations
to county superintendents for their services, if deemed pro-

*See amendment, sec. 1, p. 43.

—5



Per diem.



Appropriations
for institutes.



34:

per, and also for the maintenance and encouragement of
county teachers' institutes, for the improvement and benefit
of the teachers of common schools in their respective coun-
ties.

§ 72. Township treasurers shall be allowed to retain
of ° m township two per cent, upon all sums paid out or loaned by them,in-
treaeurers. eluding moneys raised by virtue of any district tax". County
treasurers shall not be entitled to any commissions upon
school taxes collected and paid over to them by county or
township collectors, any law of this state to the contrary
notwithstanding. Boards of township trustees shall, and
As clerks. it is hereby made their duty to make a reasonable allow-
ance, annually, to said treasurers, for their services per-
formed as clerks of said boards, to be paid out of the town-
Exemption, ship funds. County superintendents, trustees of schools,
school directors, and all other school officers, shall be ex-
empted from working on roads and military duty.

LIABILITIES OF OFFICERS.



Liabilities
officers.



Liability of
trustees.



f § 73. If any county superintendent, trustee of schools,
township treasurer, director, or any other person entrusted
with the care, control, management or disposition of any
school, college, seminary or township fund for the use of any
county, township, district or school, shall 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 im-
prisoned in the county jail not less than one or more than
twelve months at the discretion of the court.

74. Trustees of schools shall be liable, jointly and
severally, for the sufficiency of securities taken from town-
ship treasurers ; and in case of judgment against said treas-
urers and their securities, for or on account of any default of
any such treasurer, on which the money shall not be made
for want of sufficient property whereon to levy execution,
actions on the case may be maintained against said trus-
tees jointly or severally, and the amount not collected on
said judgment shall be recovered with costs : Provided, that
if said trustees can show, satisfactorily, that the security
taken from the treasurer as aforesaid was, at the time of
said taking, good and sufficient, they shall not be liable as
aforesaid.
Lien upon real § f5. The real estate of county superintendents, of
estate from aate township treasurers, and all other school officers, and of
the securities of each of them, shall be bound for the satis-
faction and pavment of all claims and demands against said
superintendents and treasurers and other officers, as such,
from the date of issuing process against them, in actions or
suits brought to recover such claims or demands, until satis-
faction thereof be obtained : and no sale or alienation of real



Proviso.



of process.



35

estate by any superintendent, treasurer or other officer, or
security aforesaid, shall defeat the lien created by this sec-
tion, but all and singular such real estate held, owned or
claimed as aforesaid, shall be liable to be sold in satisfaction
of any judgment which may be obtained in such actions or
suits.

§ 76. Trustees of schools, or either of them, failing or ma £fr£tura8 to
refusing to make returns of children in their township, ac-
cording to the provisions of this act, or if either of them
shall knowingly make a false return, the party so offending
shall be liable to a penalty of not less than ten dollars, nor
more than one hundred dollars, to be recovered by action of
assumpsit, before any~justice of the peace of the county ;
which penalty, when collected, shall be added to the town-
ship fund ; and if any county superintendent, director or
trustee, or either of them, or other officer whose duty it is,
shall negligently or willfully fail or refuse to make, furnish
or communicate the statistics and information, or shall fail
to discharge the duties enjoined upon them, or either of
them, at the time and in the manner required by the provi-
sions of this act, such delinquent or party offending shall be
liable to a fine of twenty-five dollars, to be recovered before
any justice of the peace, on information, in the name of the
people of the state of Illinois, and when collected shall be
paid to the county superintendent of the proper county, for
the use of schools.

§ 77. County superintendents, trustees of schools, di- Aiiofficersre-
rectors and township treasurers, or either of them, and any "
other officer having charge of school funds or property, shall
be responsible for all losses sustained by any county, town-
ship 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 regulation authorized to be made by
this act; and each and every of the officers aforesaid shall
be liable for any such loss sustained as aforesaid, and the
amount thereof may be recovered in a civil action before
any court having jurisdiction thereof, at the suit of the state
of Illinois, for the use of the county, township or fund in-
jured; and the amount, when collected, shall be paid to the
proper officer, for the benefit of said county, township or
fund injured.

COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER

LAWS.

§ 78. No justice of the peace, probate justice, constable, No cost to be
clerk of any court or sheriff, shall charge any costs in tain^cases.
any suit where any agent of any school fund, suing for the
recovery of the same, or any interest due thereon, is plain-
tiff, and shall be, from any cause, unsuccessful in such suit.
County superintendents appointed heretofore shall continue



sponsible.



36

in office until superseded, according to the provisions of this
act, and their duties, responsibilities and powers shall be
Term of office, governed by the provisions herein named. Trustees of school
lands heretofore appointed, and trustees of schools heretofore
elected, shall also continue to discharge the duties of their
office until trustees of schools are elected under tb.e provi-
sions of this act. Townships heretofore incorporated shall,
without any further action or proceeding, be considered as
incorporated under- the provisions of this act ; and the trus-
tees and other officers shall continue to discharge their du-
ties till suspended by appointment or election under this


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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 4 of 8)