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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 5 of 8)
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law ; and all school directors and officers heretofore ap-
pointed shall continue in office until superseded by the elec-
tion, as provided in this act, and shall be governed by the
provisions of the laws heretofore in force, unless otherwise
Leases remain directed by this act. Leases of school lands shall remain
valid and be executed according to the laws under which
they were made. Common school lands, valued and offered
for sale, and remaining unsold, shall be sold upon terms
prescribed by this act. All taxes levied and contracts made
under the laws hereby repealed shall remain valid, and all
rights, remedies, defenses and causes of action existing, or
which may hereafter exist or arise under or by virtue of
said repealed l«ws, shall continue and remain valid, and
shall be enforced, notwithstanding the repeal of said laws,
unless canceled according to the provisions of this act.

OF CITIES AND INCOKPOBATED TOWNS.

of cities and § ^9. This act shall not be so construed as to repeal or
towns° rated change, in any respect, any special acts in relation to schools
in cities or incorporated towns, except that it shall be the
duty of the several boards of education or other officers of
any city or incorporated town, having in charge schools
under the provisions of any of the said special acts, or of
any ordinance of any city or incorporated town, on or be-
fore the second Monday of October preceding each regular
session of the general assembly of this state, or annually,
if required so to do by the state superintendent, to make
out and render a statement of all such statistics and other
information in regard to schools, and the enumeration of
children or white persons, as required to be communicated
by township boards of trustees or directors under the pro-
visions of this act, or so much thereof as may be appli-
cable to said city or incorporated town, to the county super-
intendent of the county where such city or incorporated
town is situated, or of the county in which the larger part
of such city or town is situated; nor shall it be lawful for
the county superintendent, or any other officer or person,
to pay over any portion of the common school fund to any
local treasurer, school agent, clerk, board of education or



37

other officer or person of any township, city or incorpo-
rated town, unless a report of the number of children or
white persons, and other statistics relative to schools, and a
statement of such other information as are [is] required of
the boards of trustees or directors, as aforesaid, and of
other school officers and teachers under the provisions of
this act, shall have been filed at the time or times aforesaid,
specified in this section, with the school commissioner of
the proper county, as aforesaid.

§ 80. In townships in which there shall be persons of schools of per-
color, the board of trustees shall allow such persons a por- 80ns ° f color "
tion of the school fund equal to the amount of taxes col-
lected for school purposes from such persons of color in
their respective townships.

COMMON SCHOOL LANDS.

§ 81. Section number sizteen in every township granted com'n school
to the state by the United States for the use of schools, and landa "
such sections and parts of sections as have been or may be section sixteen,
granted, as aforesaid,, in lieu of all or part of section num-
ber sixteen, and also the lands which have been or may be
selected and granted, as aforesaid, for the use of schools, to
the inhabitants of fractional townships in which there is no
section number sixteen, or where such section shall not
contain the proper proportion for the use of schools in such
fractional townships, shall be held as common school lands ;
and the provisions of this act referring to common school
lands shall be deemed to apply to the lands aforesaid.

§ 82. All the business of such townships, so far as re- Penalty f02 .
lates to common school lands, shall be transacted in that trespass,
county which contains all or a greater portion of said lands.
If any person shall, without being duly authorized, cut,
fell, box, bore, destroy or carry away any tree, sapling or
log, standing or being upon any school lands, such person
shall forfeit and pay for every tree, sapling or log so felled,
boxed, bored, destroyed or carried away, the sum of eight
dollars ; which penalty shall be recovered, with costs of
suit, by an action of debt or assumpsit, before any justice
of the peace having jurisdiction of the amount claimed, or
in the county or circuit court, either in the corporate name
of the board of trustees of the township to which the land
belongs, or by action of qui tarn, in the name of any person
who will first sue for the same — one-half for the use of
the person suing, the other half to the use of the township
aforesaid. When two or more persons shall be concerned Two or more,
in the same trespass, they shall be jointly and severally
liable for the penalty herein imposed. Every trespasser
upon common school lands shall be liable to indictment,
and, upon conviction, fined in three times the amount of
the injury occasioned by said trespass, and shall stand com-



38

To whom paid, mitted as in other cases of misdemeanor. All penalties
and fines collected under the provisions of this section shall
be paid to the township treasurer, and be added to the prin-
cipal of the township fund. And all other fines, penalties
and forfeitures imposed or incurred in any of the courts of
record, or before any of the justices of the peace of this
state, except fines, forfeitures and penalties incurred or
imposed in incorporated towns or cities, for the violation
of the by-laws or ordinances thereof, shall, when collected,
be paid to the school superintendent of the county wherein
such fines, forfeitures and penalties have been imposed or
incurred, who shall give his receipt therefor; and the same
shall be distributed by said superintendent, annually, in the
same manner as the common school funds of the state are
at?orn y ey f to at en- distributed ; and it shall be the duty of the state's attorneys
force. of the several judicial circuits to enforce the collection of

all fines, forfeitures and penalties imposed or incurred in
the courts of record in their several circuits, and to pay the
same over to the school superintendents of the counties
wherein the same have been imposed or incurred, retaining
therefrom the fees and commissions allowed them by law ;
and it shall be the duty of the said justices of the peace to
enforce the collection of all fines imposed by them, by any
lawful means ; and when collected, the same shall be paid
by the officer charged with the collection thereof to the
school superintendent of the county in which the same was
tke e s k to aT re J ort i m P ose d- Clerks of said courts of record, and justices of
under oath. the peace, shall report, under oath, to the school superin-
tendent of their respective counties, by the first of March,
annually, the amount of such fines, penalties and forfeitures
imposed or incurred in their respective courts, and the
amount of such fines, forfeitures and penalties collected by
them, giving each item separately, and the officer charged
with the collection thereof; and said clerks and justices of
the peace, for a failure to make such report, shall be liable
to a fine of twenty -five dollars for each offense, to be recov-
ered in a civil action at the suit of the school superintend-
Forfeit. e nt of the proper county. For a failure to pay any such

fines, forfeitures or penalties, on demand, to the person who
is by law authorized to receive the same, the officer having
collected the same, or having the same in his possession,
shall forfeit and pay double the amount of such fine, pen-
alty or forfeiture, as aforesaid, to be recovered before any
court having jurisdiction thereof, in a qui tarn action —one-
half to be paid to the informer, and one-half to the school
fund of the proper county.

SALE^OF COMMON SCHOOL LANDS.

school lands, § 83. "When the inhabitants of any township, or frac-
how eoid. ' tional township, shall desire the sale of the common school



39

land of the township, or fractional township, they shall pre-
sent a petition to the county superintendent of the county
in which the school lands of the township, or the greater
part thereof, lie, for the sale thereof; which petition shall
be signed by at least two thirds of the white male inhabi-
tants of the township, or fractional township, of and over
twenty-one years of age. The signing of the petition must
be in the presence of two citizens of the township, after the
true meaning thereof shall have been explained ; and when
signed, an affidavit shall be affixed thereto by the two citi-
zens, proving the signing in the manner aforesaid, and sta-
ting the number of white male inhabitants in the township,
or fractional township, of and over twenty-one years of
age; and said petition, so proved, shall be delivered to the
county superintendent for his action thereon : Provided, Proviso,
that no whole section shall be sold in any township contain-
ing less than two hundred inhabitants ; and common school
lands in fractional townships may be sold when the num-
ber of inhabitants and number of acres are in the ratio of Ratio,
two hundred to six hundred and forty, but not before.

§ 84:. When the petition and affidavits are delivered to Trustees to di-
the county superintendent as aforesaid, he shall notify the !$£. laud mto
trustees of said township thereof, and said trustees shall im-
mediately proceed to divide the land into tracts or lots of
such form and quantity as will produce the largest amount
of money; and, after making such division, a correct plat Makepiat.
of the same shall be made, representing all divisions, with
each lot numbered and defined, so that its boundaries may
be forever ascertained. Said trustees shall then fix a value valuation,
on each lot, having regard to the terms of sale, certify to
the correctness of the plat, stating the value of each lot per
acre, or per lot, if less than one acre, and referring to and
describing the lot in the certificate, so as fully and clearly
to distinguish and identify each lot; which plats and
certificate shall be delivered to the county superinten-
dent, and shall govern him in advertising and selling said
lands.

§ 85. In subdividing common school lands for sale, no subdivision,
lot shall contain more than eighty acres, and the division
may be made into town or village lots, with roads, streets
or alleys between them, and through the same ; and all such
divisions, with all similar divisions hereafter made, are
hereby declared legal, and all such roads, streets and alleys,
public highways.

§ 86. The terms of selling common school lands shall Terms of sale,
be to the highest bidder, for cash, with the privilege to each
purchaser of borrowing from the county superintendent the
amount of his bid, for any period not less than one or more
than five years, upon his paying interest and giving secu-
rity, as in case of money loaned by township treasurer, as
provided in this act.



40



Place of sale.



Notices .



Manner of sale.



Payment to
be secured or
lands resold.



Unsold lands.



§ 87. The place of selling common school lands shall
be at the court house of the county in which the lands are
situated ; or the trustees of schools may direct the sale to
be made on the premises ; and upon the reception by the
county superintendent of the plat and certificate of valuation
from the trustees, he shall proceed to advertise the said land
for sale in lots, as divided and laid off by said trustees, by
posting notices thereof in at least six public places in the
county, forty days next anterior to the day of sale, describ-
ing the land and stating the time, terms and place of sale ;
and if any newspaper is published in said county, said ad-
vertisement shall be printed therein, for four weeks before
the day of sale — if none, then it shall be sold under the
notice aforesaid.

§ 88. Upon the day appointed, the county superinten-
dent shall proceed to make sales as follows, viz : He shall
begin at the lowest number of lots, and proceed regularly
to the highest, till all are sold or offered. No lot shall be
sold for less than its valuation by the trustees. Sales shall
be made between the hours of ten o'clock, a. m., and six
o'clock, p. m., and may continue from day to day. The lots
shall be cried separately, and each lot cried long enough to
enable any one present to bid who desires it.

§ 89. Upon closing the sales, each day, the purchasers
shall each pay or secure the payment of the purchase mon-
ey, according to the terms of sale ; or in case of his failure
to do so by ten o'clock the succeeding day, the lot purchased
shall be again offered at public sale, on the same terms as be-
fore, and if the valuation or more shall be bid, shall be strick-
en off"; but if the valuation be not bid, the lot shall be set
down as not sold. If the sale is or is not made, the former
purchaser shall be required to pay the difference between his
bid and the valuation of the lot ; and in case of his failing to
make such payment, the county superintendent may forth-
with institute an action of debt or assumpsit, in his name,
as superintendent, for the use of the inhabitants of the town-
ship where the land lies, for tbe required sum ; and upon
making proof, shall be entitled to judgment, with costs of
suit ; which, when collected, shall be added to the principal
of theHownship fund. And if the amount claimed does
not exceed one hundred dollars, the suit may be instituted
before a justice of the peace ; but if more than that sum,
then in the circuit court of any county wherein the party
may be found.

§ 90. All lands sold at public sale, as herein provided
for, shalUbe subject to sale at any time thereafter, at the
valuation ; and county superintendents are authorized and
required, when in their power, to sell all such lands at pri-
vate sale, upon the terms at which they are offered at public
sale.



41

§ 91. In all cases where common school lands have unsold lands
been heretofore valued, and have remained unsold for two t0 be re vaiued -
years, after having been offered for sale, or shall hereafter
remain unsold for that length of time, after being valued
and offered for sale in conformity to this act, the trustees
of schools where such lands are situated may vacate the
valuation thereof, by an order to be entered in book A, of
the county superintendent, and cause a new valuation to
be made, if, in their opinion, the interests of the township
will be promoted thereby. They shall make said second
valuation in the same manner as the first was made, and
shall deliver to the county superintendent a plat of such
second valuation, with the order of vacation to be entered
as aforesaid ; whereupon said county superintendent shall
proceed in selling said lands in all respects as if no former
valuation had been made : Provided^ that the second valu- p i - °viso.
ation may be made by the trustees of schools, without peti-
tion, as provided in this act.

§ 9 J. Upon the completion of every sale by the pur- certificate of
chaser, the county superintendent shall enter the same on deUvered. °
book B, and shall deliver to the purchaser a certificate of
purchase, stating therein the name and residence of the
purchaser, describing the land and the price paid therefor;
which certificate shall be evidence of the facts therein stated.

§ 93. At the first regular term of the county court in snpermtend-
each year, the county superintendent shall present to the sen-. Statement
court of his county: First, a statement showing the sales ofsales -
of school lands made subsequent to the first regular term
of the previous year, which shall be a true copy of the sale
book (book B) ; second, statements of the amount of money Moneys,
received, paid, loaned out and on hand, belonging to each
township or fund under his control — the statement of each
fund to be separate; third, statements copied from his loan
book (book C), showing all the facts in regard to loans Pacts,
which are required to be stated upon the loan book; all of
which the county court shall thereupon examine and com-
pare with the vouchers ; and the said county court, or so
many of them as may be present at the term of tlie court,
shall be liable, individually, to the fund injured, and to the
securities of said county superintendent, in case judgment
be recovered of said securities, for all damages occasioned
by a neglect of the duties, or any of them, required of them
by this section : Provided^ nothing herein contained shall Provi80 -
be construed to exempt the securities of said county super-
intendent from any liability as such securities, but they
shall still be liable to the fund injured, the same as if the
county superintendents were not liable.

§ 9i. The county superintendent shall, also, at the time Transcript to
aforesaid, transmit to the auditor of public accounts a full auditor.
and exact transcript, from book B, of all the sales made
subsequent to each report. The statement required to be
—6



42 ' ZIZ'IZ

presented to the county court shall be preserved, and copied
by the clerk of said court into a well-bound book, kept for
that purpose ; and the list transmitted to the auditor shall
be filed, copied and preserved in like manner.

purchaser to § 95. Every purchaser of common school land shall be
receive patunt. ent i t i ec i to a patent from the state, conveying and assuring
the title. Patents shall be made out by the auditor, from
returns made to him by the county superintendent. They
shall contain a description of the land granted, and shall
be in the name of and signed by the governor, counter-
signed by the auditor, with the great seal of the state affixed
thereto by the secretary of state, and shall operate to vest
in the purchaser a perfect title in fee simple. When pat-
ents are executed as herein required, the auditor shall note
on the list of sales the date of each patent, in such manner
as to perpetuate the evidence of its date and delivery, and
thereupon transmit the same to the county superintendent
of the proper county, to be by him delivered to the patentee,
his heirs or assigns, upon the return of the original certifi-
cate of purchase ; which certificate, when returned, shall
be filed and preserved by the county superintendent.

Duplicate copy § 96. Purchasers of common school lands, and their
now obtained. ;h e j rs anc } assigns, may obtain duplicate copies of their cer-
tificates of purchase and of patents, upon filing affidavit
with the county superintendent in respect to certificates,
and with the' auditor in respect to patents, proving the loss
or destruction of the originals; and such copies shall have
all the force and effect of the originals.

ACTS REPEALED — PUBLICATION AND DISTRIBUTION OF TEE ACT.

Acta repealed. § 97. An act entitled "An act to establish and maintain
common schools," approved February 12th, 1849, and an
act to amend said act, approved February 12th, 1851, and
an act entitled "An act to increase the school fund," ap-
proved February 10th, 1853, and all other acts and parts
of acts coming in conflict with the provisions of this act,
are hereby repealed. This act to be in force from and after
its passage.

§ 98. " The public printer is hereby required to print
fifty thousand copies of the whole act as amended, under
the direction of the superintendent of public instruction,
and to be dictributed by him to the several counties of the
state according to population.

Approved February 22, 1861.

[The last section to the amendatory act is as follows :]

§ 29. All acts and parts of acts coming in conflict with
the provisions of this act are hereby repealed. This act
shall take effect and be in force from and after its passage.

Approved February 16, 1865.



43

AN ACT to repeal so much of the school law as exempts school officers
from serving on juries in courts of record.

Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That so much
of section seventy two of an act entitled "An act to estab- Actsrepeaied.
lish and maintain a system of free schools," approved Feb-
ruary 16, 1857, as exempts school officers from serving on
juries in courts of record in this state, is hereby repealed.

§ 2. This act shall take effect from and after its passage.

Approved February 16, 1865.



AN ACT to amend an'aet entitled "An act to establish and maintain a system
of free schools in the state of Illinois, "approved February 16, 1865.

Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That in order
to enable county superintendents of schools to discharge their Pay of coant y
duties with greater efficiency, they shall be entitled, in lieu superintendeLts
of the per diem now allowed by law, and exclusive of com-
missions, to be paid semi-annually from the county treasury
of their respective counties, as compensation for their ser-
vices, the sum of five dollars per day for services actually
rendered : Provided, That the provisions of this section
shall not apply to Cook county.

§ 2. The clerk of each board of school directors shall District reports,
report to the township treasurer of tbeproper township, on
or before the first Monday of October, annually, such sta-
tistics and other information in relation to the schools of
their respective districts as the township treasurer is bound
to embody in his report to the county superintendent, and
the particular statistics to be so reported shall be determined
and designated by the state superintendent of public in-
struction.

§ 3. "When a school is composed of pupils from differ-
ent townships, the teacher shall, in all cases, be paid by the
treasurer of the township in which the school is taught, and
the duty of collecting the amount due from the other town-
ships shall devolve upon the directors.

§ 4. All returned soldiers, who, during the late war, en- Returned soi-
tered the army while in their minority, shall be allowed to diers *
attend, free, any public school in the district where they
severally reside, for a time equal to the portion of their
minority spent in the military service of the United States.

§ 5. All acts and parts of acts in conflict with the pro-
visions of this act, are hereby repealed. This act shall take
effect and be in force from and after its passage.

Approved February 28, 1867.



44



AN ACT to amend the school law.



Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the elec-
Time ofeiec- tion of trustees of schools shall be on the second Monday of
and toectorsf 8 April, annually: Provided, That in counties under town-
ship organization, the election of trustees in each, and every
township whose boundaries coincide and are identical with
those of the town as established under the township organi-
zation laws, shall be on the day of the stated annual town
meeting. The annual election of school directors shall be
on the first Monday of April.
Schedules to §2. Teachers of public schools are hereby authorized to
j>e made month- ma k e ou ^ their schedules monthly, and upon the presenta-
tion of said schedules, duly certified by the directors, it shall
be the duty of township treasurers to pay the same, out of
any funds in their hands belonging to the respective dis-
tricts from which said shedules are returned.
Lawfni to § 3. When the German, French, or other modern lan-
speak erman, g Ua ^ e j g taught in a public school, it shall be lawful for the
teacher thereof, to employ .or use said German or other
modern language as the medium of communication in
teacbing the same, to the end that the colloquial forms of
such language, and facility in the use thereof, may the more
quickly and thoroughly be acquired by the pupils.
Teachers at- § 4. When a teachers' institute is held in a county,
tute nit to m iose school directors shall allow their teachers to attend such in-
time, stitute, if they desire to attend, and no reduction of pay or
loss of time shall be incurred by the teachers so attending,
for the number of days during which they were in actual
attendance upon such institute, as certified by the county
superintendent of schools : Provided, That when such in-
stitute is held during a term of school, such leave of absence


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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 5 of 8)