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SCHOOL LAWS OF ILLINOIS.



AS



AMENDED FEBRUARY 16, 1865,



^VITH

OFFICIAL AND JUDICIAL DECISIONS

IN RELATION TO

CO.MMON SCHOOLS,



[SECOND EDITION— EEVISED AND ENLARGED.]



N" E ^^VT" O N B A. T E M: A. INJ"

.SUPERINTENDENT OF PUBLIC INSTRUCTION.



SPRINGFIELD, ILL.:

STATE JOURNAL STEAM PRES.S AND BINDBRT.

1866.






\



^^'



Entered according to act of Congress, in the year 1366, by

NEWTON BATE MAN,

In the Clerk's OfBce of the District Court of the United States, for the

Southern District of Illinois.







PREFACE TO SECOND EDITION



As stated in the preface to the firat edition of this work, its
object is to furnish to those in any way concerned with our sys-
-tem of common schools, in convenient form and small compass,
information and instruction necessary to the proper discharge of
their duties. That information being embodied in the school
laws of the State, and in the expositions and applications of those
laws by the Department of Public Instruction, and by the Courts,
the book contains:

I. The Common School Laws of the State, with all the latest
amendments.

II. An Examination and Explanation of each section of the
Amendatory Act of February 16, 1865.

III. The Official Decisions and Instructions of the State Su-
perintendent, and the Decisions of the Supreme Court, in relation
to common schools.

The plan and scope of the book are unchanged ; but the yalue
of the present edition is enhanced in the following particulars :

1. It is much enlarged; containing nearly seventy pages of
entirely new matter. To make room for this, in part, without
unduly increasing the size of the book, the re-print of the amended
sections of the school law is omitted, in the Second Part of the
work.

2. The official decisions are confirmed by copious references
to, and citations of, judicial authorities. To this end, the Supreme
Court Reports have been carefully and exhaustively searched. It
is hoped that this feature of the work will make it of some value



IV PREFACE.

to members of the bar, in tlie management of cases arising under
the school laws of the state.

3. The nnmber of decisions is nearly doubled ; embracing a
wide range and great variety of subjects, all of a practical nature.
It is believed that questions can hardly arise under our present
school laws, upon which some light, if not a definite answer, will
not be found in the three hundred decisions of this volume.

4. Forms of all the more common and necessary school instru-
ments are added, for the convenience of school officers.

5. The index to the official and judicial decisions will be found
more copious and exhaustive than before.

The aim throughout has been to render the work a plain, prac-
tical, and reliable common-school manual ; and no pains have been
spared to accomplish that end. The unexpected favor with which
the first edition (published one year ago) was received, and the
assurances of its usefulness which have l^een given from every
portion of the State, have prompted the re-issue of the work, in
its present enlarged and improved form,

KEWTON BATEMAN,

Siipt. Public Imtruction.
Springfield, Illixois, August, 1S66.



SCHOOL LAWS OF ILLINOIS,



AS



AMENDED FEBRUARY 16, 1865,



WITH



OFFICIAL AND JUDICIAL DECISIONS



IN RELATION TO



COMMON SCHOOLS.



[SECOND EDITION— REVISED AND ENLARGED.]



BY

Sb'PEElNTENDENT OF PUBLIC INSTEUCTIOK.



SPRINGFIELD, ILL.:

STATE JOURXAL STEAM PEESS AND BINDEEY.

18 66.



Entered according to act of Congress, in the year 1S66, by

NEWTON BATE MAN,

In the Clerk's Oifice of the District Court of the United States, for the

Southern District of Illinois.



PREFACE TO SECOND EDITION



As stated in the preface to the first edition of this work, its
object is to furnish to those in any way concerned with our sys-
tem of common schools, in convenient form and small compass,
information and instruction necessary to the proper discharge of
their duties. That information being embodied in the school
laws of the State, and in the expositions and applications of those
laws by the Department of Public Instruction, and by the Courts,
the book contains:

I. The Common School Laws of the State, with all the latest
amendments.

II. An Examination and Explanation of each section of the
Amendatory Act of February 16, 1865.

III. The Official Decisions and Instructions of the State Su-
perintendent, and the Decisions of the Supreme Court, in relation
to common schools.

The plan and scope of the book are unchanged ; but the value
of the present edition is enhanced in the following particulars :

1. It is much enlarged; containing nearly seventy pages of
entirely new matter. To make room for this, in part, without
unduly increasing the size of the book, the re-jprint of the amended
sections of the school law is omitted, in the Second Part of the
work.

2. The official decisions are confirmed by copious references
to, and citations of, judicial authorities. To this end, the Supreme
Court Reports have been carefully and exhaustively searched. It
is hoped that this feature of the work will make it of some value



IT PREFACE.

to members of the bar, in tlie management of cases arising nnder
tlie school laws of the state.

3. The number of decisions is nearly doubled ; embracing a
wide range and great variety of subjects, all of a practical naCm^e.
It is believed that questions can hardly arise under our present
school laws, upon which some light, if not a definite answer, will
not be found in the three hundred decisions of this volume.

4. Forms of all the more common and necessary school instru-
ments are added, for the convenience of school officers.

5. The index to the official and judicial decisions will be found
more copious and exhaustive than before.

The aim throughout has been to render the work a plain, prac-
tical, and reliable common-school manual ; and no pains have been
spared to accomplish that end. The unexpected favor with which
the first edition (published one year ago) was received, and the
assurances of its usefulness which have been given from every
portion of the State, have prompted the re-issue of the work, in
its present enlarged and improved form.

KEWTON BATEMAN,

Supt. PvMic Tmtruction.
Springfield, Illinois, August, 1S66.



AMENDED

FREE SCHOOL LAW OF ILLINOIS.



APPROVED FEBRUARY 16,1865.



STATE STJPEKINTENDENT OF PUBLIC INSTKTJOTION HIS ELECTION AND

DUTIES.

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

§ 2. Before entering upon his duties, he shall take and sub-
scribe the usual oath of office, and shall also execute a bond, in
the penalty of twenty-five thousand dollars, payable to the state
of Illinois, with sureties to be approved by the governor, condi-
tioned for the prompt discharge of his duties as superintendent
of public instruction, and for the faithful application and dispo-
sition, according to law, of all school moneys that may come into
his hands by virtue of his office ; said bond and oaths shall be
deposited with the secretary of state, and an action may be main-
tained thereon by the state, at any time, for a breach of the
conditions thereof.

§ 3. It shall be his duty to keep an office at the seat of gov-
ernment of the state, and to file all papers, reports and public
documents transmitted to him by the school officers of the seve- "
ral counties, each year separately, and to keep and preserve all
other public documents, books and papers relative to schools,
coming into his hands as state superintendent, and to hold the
same in readiness to be exhibited to the governor, or to any com-
mittee of either house of the general assembly ; and shall keep
a fair record of all matters pertaining to the business of his office.

§ 4. He shall, without delay, pay over all sums of money
—2



2 SCHOOL LAWS OF ILLINOIS, WITH

which, may come into his hands by virtue of his oflBce, to the
officer or person entitled to receive the same, in such manner as
may be prescribed by law.

§ 5. He shall counsel and advise, in such manner as he may
deem most advisable, with experienced and practical school teach-
ers, as to the best manner of conducting common schools.

§ 6. Said superintendent shall have the supervision of all
the common and public schools iu the state, and shall be the gene-
ral adviser and assistant of county superintendents of schools in
the state ; he shall, from time to time, as he shall deem for the
interest of schools, addi-ess cii'cular letters to said superintendents,
giving advice as to the best manner of conducting schools, con-
structing school houses, furnishing the same and procuring com-
petent teachers.

§ 7. Said state superintendent shall, before the fifteenth day
of December of every year preceding that in which shall be
holden a regular session of the general assembly, report to the
governor the condition of the schools in the several counties of
the State, the whole number of schools which have been taught
in each county in each of the preceding years, commencing on
the first Monday of October: what part of said number have
been taught by males exclusively ; what part by females exclu-
sively; 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 diflerent periods ; the number of scholar's in attend-
ance at said schools ; the number of white persons in each county
under twenty-one years of age ; the amount of township and
county fund ; the amount of the interest of the state or common
school fund, and of the interest of the township and of the county
fund annually paid out ; the amount raised by an oA valorem
tax ; the whole amount annually expended for schools ; the num-
ber of school houses, their kind and condition ; the number of
townships and parts of townships in each county ; the number
and description of books and apparatus purchased for the use of
schools and school libraries under the provisions of this act, the
prices paid for the same, and total amount purchased, and what
quantity and how distributed ; and the number and condition
of the libraries, together with such other information and sugges-
tions as he may deem important in relation to the school laws,
schools, and the means of promoting education throughout the
state ; which report shall be laid before the general assembly at
each regular session.

§ 8. The said state superintendent of public instruction shall
make such rules and regulations as he may think necessary and
expedient to carry into l\ill effect the provisions of this act, and
of all the laws which now are or may hereafter be in force for
establishing and maintaining schools in this State ; and the said
superintendent shall have power, and it shall be his duty, to ex-



OFFICIAL AND JUDICIAL DECISIONS. d

plain and interpret and determine to all county superintendents,
directors, township and other school officers, the true intent and
meaning of this act, and their several duties enjoined thereby,
and his decision shall be final, unless otherwise directed by the
legislature, or reversed by a court of competent jurisdiction.

§ 9. The said state superintendent shall have power to direct
and cause the county superintendent of any county, directors or
board of trustees or township treasurer of any township, or other
school officer, to withhold from any officer, or township, or teacher,
any part of the common school, or township, or other school
fund, until such officer, township, or teacher shall have complied
with all the provisions of this act relating to his, her or their du-
ties, and such rules and regulations as the state superintendent
may prescribe, not inconsistent with this act ; and the state super-
intendent may forbid the payment of any part of the common
•school, township, county or other school fund, to any district in
which the school or schools have not been kept according to law,
or in which no school has been kept for six months during the
year next preceding the demand for payment.

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

COUNTY SUPEKINTENDENTS — THEIE ELECTION AND DUTIES.

§ 11. On Tuesday next after the first Monday in November
next, and on the Tuesday next after the first Monday in Novem-
ber, every four (4) years thereafter, there shall be elected by the
qualified voters of every county in this state, a county superin-
tendent of schools, who shall perform the duties required by law.
He shall, before entering upon his duties, take an oath for the
faithful discharge of the same, and execute a bond, payable to
the state of Illinois, with two or more responsible freeholders as
security, to be approved by the county court or board of super-
visors, in penalty of not less than twelve thousand dollars, to be
increased at the discretion of said court or board of supervisors,
conditioned that he will faithfully perform all the duties of his
office, according to the laws which are or may be in force ; by
which bond the obligors shall be bound jointly and severally,
and upon which an action or actions may be maintained by the
board of trustees of the proper township, for the benefit of any
township or fund injured by any breach thereof; and joint action
may be had for two or more funds. The said county superin-
tendents of schools shall be successors to the school commis-



4: SCHOOL LAWS OF ILLINOIS, WITH

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

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

STATE OF ILLINOIS,!
County. j

Know all men by these presents, that we, A. B., C. D. and E. F., are held
and firmly bound, jointly and severally, unto the people of the state of Illinois,

in the penal sum of dollars, to the payment of which we bind ourselves,

our heirs, executors and administrators, firmly by these presents.

In witness whereof, we have hereunto set our hands and seals, this day of

A. D., 186—.

The condition of the above obligation is such, that if the above bounden A. B.,
county superintendent of 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 over to his successor in office all moneys, books,
papers and property in his hands as such county superintendent, then this obli-
gation to be void ; otherwise to remain in full force and virtue.

A B , [seal.]

C D , [SEAt.]

E F , [seal.]

And which bond shall be filed in the office of the county court.

§ 13. The said superintendent shall be liable to removal by
the county court, (or in counties adopting township organization,
by the board of supervisors,) for any palpable violation of law
or omission of duty ; and if a majority of said court or board of
supervisors shall at any time be satisfied that his bond is insuffi-
cient, it shall be his duty, on notice, to execute a new bond, to be
payable, conditioned and approved as the first bond, the execution
of which shall not afiect the old bond, or the liability of the secu-
rity thereof; and when the office of county superintendent shall
become vacant by death, resignation, or otherwise, the county
court, or board of supervisors, shall fill the same by appoint-
ment for the unexpired term, and the person so appointed shall
hold his office until his successor shall be qualified.

§ 14. The said superintendent shall provide three well bound
books, to be known and designated by the letters A, B, C, for
the following purposes : In book A he shall record at length all
petitions presented to him for the sale of common school lands,
and the plats and certificates of valuation made by or under the
direction of the trustees of schools, and the affidavits in relation
to the same. In book B he shall keep an account of all sales of
common school lands ; which account shall contain the date of
sale, name of purchaser, description of lands sold, and the sum
sold for. In book he shall keep a regular account of all mon-



OFFICIAL AND JUDICIAL DECISIONS. O

eys received for lands sold, or otherwise, and loaned or paid out;
the person of whom received, and on what account, and show-
ing whether it is principal or interest ; the person to whom loaned,
the time for which the loan was made, the rate of interest ; the
names of the securities when personal security is taken, or if real
estate is taken as security, a description of said real estate ; and if
paid out, to whom, when, and on what account, and the amount
paid out ; the list of sales, and the accounts of each fund to be
kept separate. Said book shall be paid for out of the county
treasury of the counties in which they are used.

§ 15. Whenever the bond of the township treasurer, approved
by the board of trustees of schools, as required by law, shall be
delivered to the county superintendent, he shall carefully examine
the same, and if the instrument is found to be in all respects
'according to law, and the securities good and sufficient, he shall
endorse his approval thereon, and file the same with the papers
of his office ; but if said bond is in any respect defective, he shall
return it for correction. When the bond shall have been duly
received and filed, the superintendent shall, on demand, deliver
to said township treasurer, all moneys, bonds, mortgages, notes
and securities, and all papers of every description belonging to
said township ; and the said township treasurer shall receipt for
the same, which receipt shall be carefully filed and preserved by
the county superintendent, and shall be evidence of the fact
therein stated.

§ 16. Upon the receipt of the amount due upon the audi-
tor's warrant, the county superintendent shall apportion one-third
of said amount to the several townships and parts of townships
in his county, in proportion to the number of acres therein, and
the remaining two-thirds to the several townships and fractional
townships in his county, according to the number of white chil-
dren, under twenty-one years of age, returned to him, in which
townships or parts of townships schools have been kept in ac-
cordance with the provisions of this act, and with the instructions
of the state and connty superintendents, and shall pay over the
distributive share belonging to each township and fractional
township, to the respective township treasurers, or other author-
ized persons, annually ; and when there is a connty fund in the
hands of any county superintendent, he shall loan the same at
any rate of interest not less than six per cent., nor more than ten
per cent., said rate to be fixed by the county court or board of
supervisors, and apportion the interest as provided in this section:
Provided^ that no part of the state, county, or other school fund
shall be paid to any township treasurer or other person, author-
ized by said treasurer, unless said township treasurer has filed
his bond as required by the fifty-fifth section of the act, nor in
case said treasurer is re-appointed by the trustees, unless he shall
have renewed his bond and filed the same as aforesaid.



6 SCHOOL LAWS OF ILLINOIS, WITH

§ 17. On or before tlie second Monday of l^ovember before
each regular session of the general assembj, or annually, if so
required by the state superiutendeut, the county superintendent
shall communicate to said state superintendent all such informa-
tion and statistics upon the subject of schools in his county as
the said state superintendent is bound to embody in his report to
the governor, and such other information as the state superin-
tendent shall require ; and no county from which such report is
not received in the manner and within the time required by law,
shall be entitled to any part of the state school fund for the year
next succeeding that in which no report was made ; and the
county superintendent so failing or refusing to report, shall be
liable to removal by the county court or board of supervisors,
for such neglect of duty : Provided^ that the state sujDerintend-
ent may remit the forfeiture of funds prescribed in this section,
for satisfactory cause.

§ 18. The county superintendent, upon his removal or resig-
nation, or at the expiration of his term of service, (or in case of
his death, his representatives,) shall deliver over to his successor
in office, on demand, all moneys, books, papers and personal
property belonging to the office, or subject to the control or dispo-
sition of the county superintendent.

§ 19. The county superintendent may loan any money, not
interest, belonging to the county fund, before the same is called
for according to law by the township treasurer, at the same rate
of intei'est, upon the same security and for the same length of
time 8s is provided by this act in relation to the township trea-
surers ; and notes and mortgages taken in the name of the
" county superintendent " of the proper county, shall be, and all
loans heretofore made in the name of the "school commission-
ers," are hereby declared to be as vaKd as if taken in the name
of the " trustees of schools " of the proper township, and suits
may be broughu in the name of the "county superintendents"
on all notes and mortgages heretofore or hereafter made payable
to county superintendents.

§ 20. It shall be the duty of the county superintendent to
visit every school in his county at least once each year, and
oftener if practicable, and to note the methods of instruction, the
branches taught, the text-books used, and the discipline, govern-
ment and general condition of the schools. He shall give such
directions in the science, art and methods of teaching as he may
deem expedient and necessary, and shall be the official adviser
and constant assistant of the school officers and teachers of his
county, and shall faithfully carry out the advice and instructions
of the state superintendent. He shall encourage the formation
and assist in the management of county teachers' institutes, and
labor in every practicable way to elevate the standard of teach-
ing and improve the condition of the common schools of his



OFFICIAL AND JUDICIAL DECISIONS. 7

county. In all controversies arising tinder the school law, the
opinion and advice of the county superintendent shall j&rst be
sought, whence appeal may be taken to the state superintend-
ent, upon a written statement of facts, certified by the county
superintendent.

§ 21. In all cases where the township board of trustees of any
township shall fail to prepare and forward, or cause to be pre-
pared and forwarded, to the county superintendent, the informa-
tion and statistics required of them in this act, it shall be the duty
of said county sujDeriutendent to employ a competent person to
take the enumeration and furnish said statistical statement as far
as practicable, to the superintendent ; and said person so employed
shall have free access to the books and papers of said township, to
enable him to make such statement ; and the township treasurer,
or other officer or person in whose custody such books and papers
may be, shall permit said person to examine such books and pa-
pers, at such times and places as such person may desire for the
purposes aforesaid ; and the said county superintendent shall
allows, and pay, to the person so employed by him, for the servi-
ces, such amount as he may judge reasonable, out of any money



Online Librarystatutes Illinois. LawsSchool laws of Illinois → online text (page 1 of 26)