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which is or may come into said superintendent's hands, appor-
tioned as the share of, or belonging to, such township ; and the
said county superintendent shall proceed to recover and collect
the amount so allowed or paid for such services, in a civil action
before any justice of the peace in the county, or before any court
having jurisdiction, in the name of the people of the state of Illi-
nois, of and against the trustees of schools of said township, in
their individual capacity ; and in such suit or suits the said county
superintendent and township treasurer shall be competent wit-
nesses ; and the money so recovered, when collected, shall be
paid over to the county superintendent for the benefit of said
township, to replace the money as taken aforesaid.

§ 22. When any real estate shall have been taken for debts
due to any school fund, the title to which real estate has become
vested in any county superintendent, or trustees of schools, for
the use of the inhabitants of two or more townships, the county
superintendent may re-sell such real estate for the benefit of said
townships, under the provisions of this act regulating the sale of
the common school lands ; and the said superintendent is hereby
authorized to execute conveyances to purchasers ; and said super-
intendent shall be entitled to retain the same per centage on the
amount of such sale, out of the assets thereof, as he is entitled to
for selling the common school lands.

TOWNSHIPS — TRUSTEES OF SCHOOLS.

§ 23. Each congressional township is hereby established a
township for school purposes. The business of the township



8 SCHOOL LAWS OF ILLINOIS, WITH

shall be done by three trustees, to be elected by the legal voters
of the township, who, npon their election, as hereinafter provided,
shall be a body politic and corporate, by the name and style ol

"trustees of schools of township , range ," according to

the number. The said corporation shall have perpetual existence,
shall have power to sue and be sued, to plead and be impleaded,
in all courts and places where judicial ]?roceedings are had.
Said trustees shall continue in office three (3) years, and until
others are elected and enter upon tlie duties of their office. At
the first regular election of trustees, after the passage of this act,
three trustees shall be elected, who shall, at their first meeting,
which shall be within ten days after said election, draw lots for
their respective terms of office, for one, two and three years, and
thereafter one trustee shall be elected annually. If but two of
the trustees elect shall be present at the first meeting as aforesaid,
they shall draw lots as aforesaid, and the lot not drawn shall de-
termine and fix the term of office of the remaining trustee.

§ 24. No person shall be eligible to the office of trustee of
schools, unless he shall be twenty-one years of age, and a resi-
dent of the township.

§ 25. The election of trustees of schools shall be on the second
Monday in October, annually ; but in townships where such elec-
tion has not been heretofore had, or where there are no trustees
of schools, the election of trustees of schools may be holden on
any Monday ; notice being given as hereinafter in this section
required. The first election shall be ordered, if in townships al-
ready incorporated, by the trustees of schools of the township, the
township treasurer giving notice of the time and place by posting
up notices of the same at least ten days previous to the day of
election, at or in the school house, or in the most public place
in every school district in the township. If there are no trustees
of schools in a township, the clerk of the county court shall cause
the notice to be given as aforesaid. For all subsequent elections,
the like notices shall be given by the trustees of schools, through
the township treasurer : Provided^ that, if upon any day appoint-
ed as aforesaid, for election aforesaid, the said trustees of schools,
or judges, shall be of opinion that, on account of the small attend-
ance of voters, the public good requires it, or if the voters present,
or a majority of them, shall desire it, they shall postpone said
election until the next Monday, and at the same place and hour;
at which meeting the voters shall proceed as if it were not a post-
poned or adjourned meeting: And, provided, also, that if notice
shall not have been given as above requred, then, and in that
case, said election may be ordered, as aforesaid, and holden on
the first Monday in ISTovember, or any other Monday; notice
thereof ^ being given as aforesaid : And, frovided, also, that if the
township treasurer shall fail or refuse to give notice of the regular
election of trustees, as aforesaid, and if, in case of a vacancy,



OFFICIAL AND JIJDICIAL DECISIONS. 9

the remaining trustee, or trustees, shall fail or refuse to order an
election to fill such vacancy, as required in section twenty-nine of
the act, then, and in each case, it shall be the duty of the county
superintendent to order an election of trustees, or to fill vacan-
cies, as aforesaid, and all elections so ordered and held shall be
valid to all intents and purposes whatever.

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

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

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

§ 29. "When a vacancy or vacancies shall occur in the board
of trustees of schools, the remaing trustee or trustees shall order
an election to fill such vacancy, upon any Monday ; notice to be
given as required in section twenty-five hereof.

§ 30. Upon the election of trustees of schools, the judges of
the election shall cause the poll book of said election to be delivered
to the county superintendent of the county, with a certificate
thereon, showing the election of said trustees and names of the

Eersons elected ; which poll book, with the certificate, shall be
led by said superintendent, and shall be evidence of such elec-
tion.

§ 31. The said trustees of schools, elected as aforesaid, shall
be successors to the trustees of school lands, appointed by the
county commissioners' court, and of trustees of schools elected in
townships, under the provisions of " An act making provisions
for organizing and maintaining common schools," approved Feb-
ruary 26, 184:1, and of "An act to establish and maintain com-
mon schools," approved March 1, 1847. All rights of property,
and rights and causes of action, existing or vested in the trustees
of school lands, or trustees of schools appointed or elected as
aforesaid, for the use of the inhabitants of the township, or any
part of them, shall vest in the trustees of schools as successors,
in as full and complete a manner as was vested in the school



10 SCHOOL LATVS OF ILLINOIS, ^VITH

commissioner, (the trustees of scliool lands,) or tlie trustees of
schools appointed and elected as aforesaid.

§ 32. It shall be the duty of the board of trustees to hold
regular semi-annual meetings on the first Mondays of April and
October, and special meetings may be held at such other times as
they may think proper. Special meetings of the board may be
called by the president, or any two members thereof, and at all
meetings, two members of the board shall be a quorum for busi-
ness. The board shall organize by appointing one of their num-
ber president, and some person, who shall not be a director or
trustee, treasm-er, who shall be, ex-officio, clerk of the board.
The president shall hold his ofiice for one year, and the treasurer
for two years, and until their successors are appointed ; but either
of said officers may be removed by the board for good cause. It
shall be the duty of the president to preside at the meetings of
the board ; and it shall be the duty of the clerk to be present at
all meetings of the board, and to record in a book to be provided
for that purpose, all their official proceedings, which shall be a
public record, open to the inspection of any person interested
therein ; and aU of said proceedings, when recorded, shall be
signed by the president and clerk. If the president or clerk
shaU be absent, or refuse to perform any of the duties of his office
at any meeting of the board, a president or clerk, pro tempore,
may be appointed.

§ 33. Trustees of schools shall lay off the township into one
or more districts, to suit the wishes and convenience of a majority
of the inhabitants of their township, and shall prepare, or cause
to be prepared, a map of then* township, as often as may be ne-
cessary, on which map shall be designated district or districts, to
be styled, " district No. , in township ]S"o. ," which dis-
tricts they may alter or change at any regular session ; which
map shall be certified by the president and clerk of the board,
and filed with and recorded by the county clerk, in a book to be
kept for that purpose, to be paid for out of the county treasury :
Provided, that school districts may be formed out of parts of two
or more townships, or fractional townships, in which case the
trustees of schools of the townships interested, shall concur in
the formation of such districts. When a new district is formed
from one or more districts, the trustees of the township or town-
ships concerned, shall make division of any tax funds, or other
funds which are or may be in the hands of the township trea-
surer or treasm-ers, in proportion to the amount of taxes collected
from the property remaining in each district ; and all school pro-
perty belonging to the district or districts out of which the new
district is formed shall be appraised in a just and equitable man-
ner, and the estimated value shall be distributed by the trustees
among the districts concerned, in proportion to the amount of
taxable property remaining in each; and the town treasurer or



OFFICIAL AMD JUDICIAL DECISIONS. 11

treasurers shall forthwitli place the sums so distributed to the
credit of the respective districts, subject to the order of the direc-
tors thereof: Frovided, that the funds on hand shall be divided
at the time such new district is formed, and that all funds pay-
able, but not yet received by the treasurer or treasurers, shall
be divided as soon as received, and that the sehool property shall
be appraised and apportioned as aforesaid within three months
from the formation of such new district. And when any two or
more districts shall be consolidated into one, the new district shall
own all the corporate property and funds of the several districts.

§ 34, At the regular semi-annual meetings on the first Mon-
days of April and October, the trustees shall ascertain the amount
of state, county and township funds on hand and subject to dis-
tribution, and shall apportion the same as follows : First, two
pBr cent, to the township treasurer. Second, whatever may be
due for the books of the treasurer, and such sum as may be
deemed reasonable for dividing school lands, making plats, etc.
Third, of the remainder, one-half shall be divided among the
districts in proportion to the number of children under twenty-
one years of age in each, and the other half in proportion to the
attendance certified in the schedules. The funds thus apportioned
shall be placed on the books of the treasurer to the credit of the
respective districts, and the same shall be paid out by the trea-
surer on the legal orders of the directors of the proper districts.

§ 35. Pupils shall not be transferred from one district to an-
other without the written consent of a majority of the directors
of both districts ; which written permits shall be delivered to and
filed by the proper township treasurer, and shall be evidence of
such consent. A separate schedule shall be kept for each dis-
trict, and in each schedule shall be certified the proper amount
due the teacher from that district, computed upon the basis of the
total number of days' attendance of all the schedules. If the dis-
tricts from which the pui3ils are transferred are in the same town-
ship as the district in which the school is taught, the directors
of said district shall deliver the separate schedules to their town-
ship treasurer, who shall credit the district in which the school
was taught, and charge the other districts with the respective
amounts certified in separate schedules to be due. If pupils are
transferred from a district of another township, the schedule for
that district shall be delivered to the directors thereof, who shall
immediately draw an order on their treasurer, in favor of the
teacher, for the amount certified to be due in said separate sched-
ules. A majority of the directors of each of two or more districts
may consolidate said districts and appoint three directors for the
union district so formed, who shall be styled, "directors of union

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

powers conferred by law upon other school directors. The pro-
ceedings of the act of consolidation shall be signed by a majority



12 SCHOOL LAWS OF ILLINOIS, WITH

of eacli of tlie concurring boards of directors, and delivered to tlie
trustees of the proper township, and shall be evidence of such
consolidation ; and upon receiving a copy of said proceedings, it
shall be the duty of the trustees to change the map of the town-
ship in accordance therewith, and file the same with the clerk of
the county court. The separate boards of directors shall then be
dissolved, and the union directors shall draw lots for their respec-
tive terms of office and be thereafter elected as provided in the
forty-second section of the act.

§ 36. The board of trustees of each township in this state
shall prepare, or cause to be prepared, by the township treasu-
rer, the clerk of the board, or other person, and forwarded to the
county superintendents of the county in which the township lies,
on or before the second Monday of October, preceding each regu-
lar session of the general assembly of this state, and at such
other times as may be required by the county superintendent,
or by the state superintendent of public instruction, a statement
exhibiting the condition of schools in their respective townships
for the preceding biennial period, giving separately each year,
commencing on the first Mondays of October, and ending on the
last of September ; which statement shall be as follows : First,
the whole number of schools which have been taught in each
year ; what part of said schools have been taught by males ex-
clusively ; what part have been taught by females exclusively ;
what part of said whole number have been taught by males and
females at the same time, and what part by males and females
at different periods. Second, the whole number of scholars in
attendance at all the schools, giving the number of males and
females separately. Third, the number of male and female teach-
ers, giving each separately; the highest, lowest, and average
monthly compensation paid to male and female teachers, giving
each item separately. Fourth, the number of persons under
twenty-one years of age. Fifth, the amount of the principal of
the township fund ; the amount of the interest on the township
fund paid into the township treasury; the amount of state or com-
mon school fund received by the township treasurer ; the amount
raised by ad valorem tax and the amount of such tax received
into the township treasury, and the amount of all other funds
received into the township treasury. Sixth, amount paid for
teachers' wages; the amount paid for school house lots; the
amount paid for building, repairing, purchasing, renting and fur-
nishing school houses ; the amount paid for school apparatus, for
books and other incidental expenses for the use of school libra-
ries ; the amount paid as compensation to township officers and
others. Seventh, the whole amount of the receipts and expendi-
tures for school purposes, together with such other statistics and
information in regard to schools as the state superintendent or
county superintendent may require. And any township from



OFFICIAL AND JUDICIAL DECISIONS. 13

whicli siicli report is not received in the manner and time required
by law, shall forfeit its portion of the public funds for the next
ensuing year : Provided, that upon the recommendation of the
county superintendent, or for good and sufficient reasons, the
state superintendent may remit such forfeiture.

§ 37. In all cases where a township is or shall be divided by a
county line or lines, the board of trustees of such township shall
make or cause to be made, separate enumerations of male and
female white persons of the ages as directed in the foregoing sec-
tion of this act, designating separately the number residing in
each of the counties in which such may lie, and forward each re-
spective number to the proper county superintendent of each of
said counties ; and in like manner, as far as practicable, all other
statistics and information enumerated and required to be reported
in the aforesaid section, shall be separately reported to the several
c'ounty superintendents ; and all such parts of said statistical in-
formation as are not susceptible of division, and are impracticable
to be reported separately, shall be reported to the county superin-
tendent of the county in which the sixteenth section of such town-
ship is situated.

§ 38. At each semi-annual meeting, and at such other meet-
ings as they may think proper, the said 'township board shall ex-
amine all books, notes, mortgages, securities, papers, moneys
and effects of the corporation, and the accounts and vouchers
of the township treasurer, or other township school officer, and
shall make such order thereon for their security, preservation,
collection, correction of errors, if any, and for their proper man-
agejnent, as may seem to said board necessary.

§ 39. The board of trustees of each township in the state
may receive any gift, grant, donation or demise made for the use
of any school or schools, or library, or other school purposes
within their jurisdiction ; and they shall be, and are hereby in-
vested in their cor|)orate capacity, with the title, care and custody
of all school houses and school house sites; but the supervision
and control of them is expressly vested in the directors of each
district in which said property is situated ; and when, in the opin-
ion of the school directors, the school house site has become un-
necessary, or unsuitable, or inconvenient for a school, said board
shall sell and convey the same in the name of the said board,
after giving at least twenty days' notice of such sale, by posting
up written or printed notices thereof, particularly describing said
property and terms of sale, and such conveyance shall be exe-
cuted by the president and clerk of said board, and the avails
shall be paid over to the township treasurer for the benefit of
said district, and all conveyances of real estate which may be
made to said board shall be made to said board in their corporate
name, and to their successors in office.

§ 40. The township board shall cause all moneys for the use



14: SCHOOL LAWS OF ILLINOIS, WITH

of tlie townships to be paid over to the township treasurer.
They shall have power, also, to remove the township treasurer at
any time, for any failure or refusal to execute or comply with
any order or requisition of said board, legally made, or any other
improper conduct in the discharge of his duty as treasurer, or at
any time they may deem such removal expedient. They shall
also have power, for any failure or refusal as aforesaid, to sue him
upon his bond.

§ 41. The township trustees are hereby vested with general
power and authority to purchase real estate, if in their opinion
the interests of the township fund will be promoted thereby, in
satisfaction of any judgment or decree wherein the said board
or county superintendent are plaintiffs or complainants ; and the
title of such real estate so purchased shall vest in said board, for
the use of the inhabitants of said township, for school purposes;
and all purchases of land heretofore made by county superin-
tendents, or trustees of school lands, or trustees of schools, for
the use of any fund or township for the use of schools, are hereby
declared valid. The said board are hereby vested with general
power and authority to make all settlements with persons indebt-
ed to them in their official capacity ; or receive deeds of real
estate in compromise; and to cancel in such manner as they
may think proper, notes, bonds, mortgages, judgments and de-
crees, existing, or that may hereafter exist, for the benefit of the
township, when the interest of said township, or the fund con-
cerned, shall, in their opinion, require it ; and their action shal
be valid. Said board of trustees are hereby authorized to sell or
lease, at public auction, any land that may come into their pos-
session, in such manner and on such terms, as they shall deem
for the interest of the township : Provided^ that in all cases of
sale of land, as provided in this section, the sale shall be made
at the same place, and notice given of it in the same manner as is
provided in this act for the sale of the sixteenth section.

SCHOOL DIRECTOES — THEIE ELECTION AND DUTIES.

§ 42. The annual election of school directors shall be on the
first Monday of August, when one director shall be elected in
each district, who shall hold his office for three years, and until
his successor is elected. In new districts the first election may
be on any Monday, notice being given by the township treasurer,
as for the election of trustees, when three directors shall be
elected, who shall, at their first meeting, draw lots for their re-
spective terms of office, for one, two, and three years. "When
vacancies occur, the remaining director or directors shall, with-
out delay, order an election to fill such vacancies. Notices of
all elections in organized districts shall be given by the directors,
at least ten days previous to the day of said election. Said noti-



OFFICIAL AND JUDICIAL DECISIONS. 15

ces shall be posted in at least three of the most public places in
the district, and shall specify the place where such election is to
be held, the time of opening and closing the polls, and the ques-
tion or questions to be voted on. Two of the directors shall act
as judges and one as clerk of said election. But, if said direc-
tors shall fail to attend, or refuse to act, when present, and in
unorganized districts, the legal voters when assembled shall
choose three of their number to act as judges, and one as clerk of
said election : Provided^ that if upon the day appointed for said
election, the said directors or judges shall be of opinion, that, on
account of the small attendance of voters, the public good re-
quires it, or if the voters present, or a majority of them, shall
desire it, they shall postpone said election until the next Monday,
at the same place and hour, when the voters shall proceed as if it
were not an adjourned meeting : And provided, also, that if
notice shall not have been given, as above required, then said
election may be ordered as aforesaid, and holden on the third
Monday in August, or any other Monday, notice thereof being
given as aforesaid. In case of a tie the judges shall decide it, by
lot, on the day of electif>n. The directors shall appoint one of
their number clerk, who shall keep a record of all the official
acts of the board, in a well bound book, provided for the purpose ;
which record shall be submitted to the township treasurer, for
his inspection and approval, on the first Mondays of April and



Online Librarystatutes Illinois. LawsSchool laws of Illinois → online text (page 2 of 26)