Copyright
statutes Illinois. Laws.

School laws of Illinois online

. (page 3 of 26)
Online Librarystatutes Illinois. LawsSchool laws of Illinois → online text (page 3 of 26)
Font size
QR-code for this ebook


October, and at such other times as the township treasurer may
require. Directors are authorized to use any funds belonging to
their district, and not otherwise appropriated, for the purchase of
a suitable book for their records, and the said records shall be
kept in a punctual, orderly and reliable manner. JSTo person
shall be entitled to vote at any district election, on the question
of raising money, unless he shall have resided in the district at
least thirty days immediately preceding said election, nor unless
he shall have paid a tax in said district the preceding year, or
shall have been assessed in such district for the year in which
such election is held. After every election of directors, the
judges shall cause the poll book to be delivered to the township
treasurer, with a certificate thereon showing the election of said
directors and the names of the persons elected ; which poll book
shall be filed by the township treasurer, and shall be evidence
of said election. If any trustee or director shall not be an in-
habitant of the district or township which he represents, an
election shall be ordered to fill the vacancy, and no person shall
be at the same time a director and trustee, nor shall a director
or trustee be interested in any contract made by the board of
which he is a member. Should the directors fail or refuse to
order any regular or special election, as aforesaid, it shall be
the duty of the township treasurer to order such election, and if
he fails to do so, then it shall be the duty of the county superin-



16 SCHOOL LAWS OF ILLINOIS, WITH

tendent to order such election of directors, within ten days, in
each case, of such faihu-e or refusal ; and the election held in
pursuance of such order shall be valid, the same as if ordered by
the directors.

§ 43. For the purpose of establishing and supporting free
schools for six months, and defraying all the expenses of the
same, of every description ; for the purpose of repairing and im-
proving school houses ; of procuring furniture, fuel, libraries and
apparatus ; and for all other necessary incidental expenses, the
directors of each district shall be authorized to levy a tax annu-
ally upon all the taxable property of the district. They may also
appropriate to the purchase of hbraries and apparatus, any sur-
plus funds, after [all] necessary school expenses are paid.

§ 44. The directors of each district shall ascertain, as nearly
as practicable, annually, how much money must be raised by
special tax for school pm'poses during the ensuing year. They
shall then find what rate per cent, this amount will require to be
levied upon the taxable property, real and personal, of the dis-
trict, which rate, with a list of the resident tax-payers, alphabeti-
cally arranged, shall be certified and returned to the township
treasurer, on or before the first Monday of September, annually.
The certificate of the directors may be in the following form, viz :

We hereby certify that we require the rate of to be levied as a special

tax for school purposes, on the taxable property of our district, for the year

18 — . Given under our hands this day of , 18 — .

A. B., ^ Directors district No. — township
CD., V No. — , range No. — , county of
E. F., J , and State of Illinois.

It shall be the duty of the township treasurer to return said
certificate and lists of tax-payers to the clerk of the county court
on or before the second Monday of September ; and whenever
the boundaries of the districts of the township shall have been
changed, the township treasurer shall return to the clerk of the
county court, with the certificates and lists aforesaid, a map of
the township, showing such changes, and certified as required in
the thirty-third (33d) section of the act. When a district lies
in two or more counties, the directors shall determine and certify
the rates to be levied on the taxable property lying in each
county, and return the same, with separate lists of resident tax-
payers, to the township treasurer, who shall return them to the
respective county clerks, as hereinbefore provided.

§ 45. According to the rate or rates certified as aforesaid, the
said county clerk, when making out the tax books for the collec-
tor, should compute each taxable person's tax in said district,
taking as a basis the total amount of taxable property returned by
the county assessor for that year, lying and being in said district,
whether belonging to residents or non-residents, and also each
and every tract of land assessed by the assessor, which lies, or the



OFFICIAL AND JUDICIAL DECISIONS. IT

largest part of wliich lies in said district. The said county clerk
shall cause each person's tax so computed to be set upon the tax
book to be delivered to the collector for that year, in a separate
column, against each tax payer's name, or parcel of taxable pro-
perty, as it appears in said collector's book, to be collected in the
same manner, and at the same time, and by the same persons, as
state and county taxes are collected : Provided^ the assessments
so made in the years intervening between the regular biennial
assessments of real estate, as provided in the revenue acts, shall
be based upon the taxpayer's real estate as assessed at the regular
biennial assessment. The computations of each person's tax, and
the levy made by the clerk as aforesaid, shall be final and con-
clusive : Provided, further, the rate shall be uniform, and not
exceed the rate certified by the board of directors ; and the said
county clerk, before delivering the tax book to the collector, shall
make out and deliver, on demand, to each township treasurer of
the respective townships in the county, a certificate of the amount
due each district in his township of said tax so levied and placed
upon the tax books ; and on or before the first day of April next
after the delivery of the tax books containing the computation
and levy of said taxes aforesaid, or as soon thereafter as the town-
ship treasurer shall present the said certificate of the amount of
said tax, and make a demand therefor, the said collector shall
pay to said township treasurer the full amount of said tax so
certified by the county clerk, retaining from said amount onlj^ two
per centum as his fees for collection, taking of the township trea-
surer his receipt therefor, which receipt shall be evidence, as well
in favor of the collector as against the township treasurer ; and
said treasurer shall enter the same in his books, under the proper
heads, and pay the same out as provided for by this act. When
a district is composed of parts of two or more townships, the
directors shall determine and inform the collector in writing, un-
der their hands as directors, which of the treasurers of the town-
ships from which their district is formed shall demand and re-
ceive the tax money collected by the county collector as afore-
said.

§ 46. If any collector shall fail to pay the amount of said
tax, or any part thereof, as required in the aforesaid section, it
shall be competent for the township treasurer, or other authorized
persons, to proceed against such collector and his securities in an
action of debt in the county court ; which court is hereby vested
with full power and authority to hear and determine all such suits,
render judgments and issue excution ; or said suit may be
brought in any other court having jurisdiction ; and the said col-
lector, so in default, shall pay twelve per centum upon the amount
due, to be assessed as damages, which shall be included in the
judgment rendered against him : Provided, no collector shall be
liable for such part of said tax as he shall be able to make appear
—3



18 SCHOOL LAWS OF ILLINOIS, WITH

he could not liave collected by law, until lie may be able to so
collect sucb amount.

§ 47. For tlie purpose of building scbool bouses, or purchas-
ing school sites, or for repairing and improving the same, the
directors, by a vote of the people, may borrow money, issuing
bonds, executed by the officers, or at least two members of the
board, in sums of not less than one hundred dollars ; but the rate
of interest shall not exceed ten per cent. ; nor shall the sum bor-
rowed in any one year exceed five per cent, of the taxable pro-
perty of the district ; nor shall the tax levied in any one year,
for building school houses, exceed three per cent, [of said taxable
property.]

§ 48. The directors of each district are hereby declared a
body politic and corporate, by the name of " school directors of

district No. , township IsTo. , county of , and state

of Illinois," and by that name may sue and be sued in all courts
and places whatever. Two directors shall be a quorum for busi-
ness. The directors shall be liable, as directors, for the balance
due teachers, and for all debts legally contracted. They shall
establish and keep in operation, for at least six months in each
year, and longer if practicable, a sufficient number of free schools
for the proj)er accommodation ot all the children in the district
over the age of six and under twenty-one years. They may
adopt and enforce all necessary rules and regulations for the
management and government of the schools, and shall visit and
inspect the same as often as practicable. They shall appoint all
teachers, fix the amount of their salaries, and may dismiss them
for incompetency, cruelty, negligence or immorality. They may
direct what branches of study may be taught, and what text-
books shall be used m their respective schools, and may susjDend
or expel pupils for disobedient, refractory or incorrigibly bad
conduct. It shall not be lawful for a board of directors to pur-
chase or locate a school house site, or to purchase, build. or move
a school house, or to levy a tax to extend schools beyond six
months, without a vote of the people, at an election called and
conducted as required in the forty-second section of the act. A
majority of the votes cast shall be necessary to authorize the di-
rectors to act : Provided, that if no one locality shall receive a
majority of all the votes cast at such election, the directors may, •
if in their judgment the public interest requires it, proceed to
select a suitable school house site, and the site so chosen by them
shall, in such case, be legal and valid, the same as if it had been
determined by a majority of the votes cast.

OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES OR
SCHOOL DIRECTORS.

§ 49. If judgment shall be obtained against any township
board of trustees or school directors, the party entitled to the



OFFICIAL AND JUDICIAL DECISIONS. 19

benefit of such judgmeiit may have execution therefor, as fol-
lows, to-wit : It shall be lawful for the court in which such judg-
ment shall be obtained, or to which such judgment shall be re-
moved, by transcript or appeal from a justice of the peace, or
other court, to issue thence a writ, commanding the directors,
trustees and treasurer of such township to cause the amount
thereof, with interest and costs, to be paid to the party entitled
to the benefit of said judgment, out of any moneys, unappropria-
ted, of said townships ; or if there be no such moneys, out of the
first moneys applicable to the payment of the kind of services
or indebtedness for which such judgment shall be obtained,
which shall be received for the use of such township ; and to
enforce obedience to such writ by an attachment, or by mem-
danius, requiring such board to levy a tax for the payment of said
judgment ; and all legal process as well as writs to enforce pay-
ment of a judgment, shall be served either on the president or
clerk of the board.

EXAMINATION AND QUALIFICATIONS OF TFACHERS.

§ 50. No teacher shall be authorized to teach a common
school under the provisions of this act who is not of good moral
character, and qualified to teach orthography, reading in English,
penmanship, aiithmetic, English grammar, modern geography
and the history of the United States. It shall be the duty of
the county superintendent to grant certificates to such teachers
as may, upon due examination by himself or a board of exam-
iners by him appointed, be found to possess the necessary qual-
ifications. Said certificates shall be of two grades ; those of the
first grade shall be valid for two years ; those of the second grade
for one year. The county superintendent may, at his option,
renew said certificates, at their expiration, by his endorsement
thereon, and may revoke the same at any time, for immorality,
incompetency, or other just cause. Said certificate may be in the
following form, viz :

, Illinois, , 18 — ,

County.

The undersigned having examined in orthography, reading in Eng-
lish, penmanship, arithmetic, English grammar, modern geography and the

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

character, hereby certifies that qualifications in the above branches are

such as to entitle to this certificate, being of the grade, and valid

in said county for year from the date hereof, renewable at the option of

the county superintendent by his endorsement thereon. Given under my hand,
at the date aforesaid.

A. B., County Superintendent of Schools.

Each county superintendent shall also keep a record, in a book
provided for that purpose, of all teachers to whom he grants cer-
tificates. Said record shall show the date and grade of each cer-



20



SCHOOL LAWS OF ILLINOIS, WITH



tificate granted, and the name, age and nativity of each teacher,
and shaJi give the names, etc., of male and female teachers sepa-
rately. Said record may be as follows, viz :



NAJIE,


AGE.


NATIVITY.


DATE.


GRADE.


REMARKS.


Caarles Thompson.


25


Illinois.


March Ist, 1S64.


1


Has taught 5 years.



A copy or transcript of said record shall be transmitted by the
county superintendent, vrith his regular report, to the state super-
intendent.

The state superini-endent of public instruction is hereby author-
ized to grant state certificates to such teachers as may be found
worthy to receive them, which shall be of perpetual validity in
every county and school district in the state. But state certifi-
cates shall only be granted upon public competitive examination,
of which due notice shall be given, in such branches and upon
such terms and by such examiners as the state superintendent
and the principal of the T^ormal University may prescribe. The
fee for a state certificate shall be five dollars. Said certificates
may be revoked by the state superintendent upon proof of im-
moral or unprofessional conduct. Every school established under
the provisions of this act shall be for the purpose of instruction
in the various branches of an English education, and no school
funds shall be appropriated under this act for any other class or
description of schools : Provided^ that nothing herein contained
shall prevent the teaching, in common schools, of other and
higher branches than those enumerated in this section.

§ 51. It shall be the duty of county superintendents to hold
meetings, at least quarterly, and oftener, if necessary, for the
examination of teachers, on such days and at such places in
their respective counties as will, in their opinion, .accommodate
the greatest number of persons desiring such examination. ]^o-
tice of such meetings shall be published a sufiicient length of time
in at least one newspaper of general circulation ; the expense of
such publication to be paid out of the school fund. County su-
perintendents shall, in no case, exact or receive any fee for cer-
tificates.



TEACHERS THEIE DUTIES.

§ 53. No teacher shall be entitled to any portion of the com-
mon school or township fund, or other public fund, or be em-
ployed to teach any school under the control of any board of
directors of any school district in this state, who shall not, be-
fore his employment, exhibit to said board, or to a committee of
said board, a certificate of qualification obtained under the pro-



OFFICIAL AND JUDICIAL DECISIONS.



21



visions of this act ; nor shall any teacher be paid any portion
of the school or public fund aforesaid, unless he shall have kept
and furnished schedules as herein directed.

§ 53, Teachers shall make schedules of the names of all schol-
ars under twenty-one years of age, attending their schools, in the
form prescribed by this act ; and when scholars reside in two
or more districts, townships or counties, separate schedules shall
be kept for each district, township or county, and the absence or
presence of every scholar shall be set down under the proper
date, and opposite the name on every day that school is open,
and the absence of a scholar shall be signified by a blank — the
presence by a mark. The schedule to be made and returned by
the teacher shall be, as near as circumstances will permit, in the
following form, viz :

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

township number , range numbei , of the-

county of , in tlie State of Illinois:



in district number , in

principal meridian, in the



Names and ages of scholars at-
tending my school, and residing
in district number — in town-
ship — north, range — west, in
— county.



Name.



John Smith

Isaac Meslier

Sarah Danforth.,
Mary Newman



-* 'lO to 02



1 1
1

1 1
1 I












.^ f,i






Males.


Females.


Total.




2


2


4












.. S.2





And the teacher shall add up and set down the whole number
of days' attendance of each scholar, and add up said whole num-
bers, and make out the grand total number of days' attendance.
He shall also note the whole number of scholars, giving the
males and females separately ; the average daily attendance ; and
shall set the age of each pupil opposite the name of said pupil,
as in the form above prescribed, and shall attach thereto his cer-
tificate, which shall be in the following form, viz :

I certify that the foregoing schedule of scholars attending my school, as
therein named, and residing as specified in said schedule, to the best of my



22 SCHOOL LAWS OF ILLINOIS, "WITH

knoTvledge and belief, is correct ; and that it Tras a school for the purpose of
teaching various branches of an English education.

A. B., Teacher.

"When tlie teacher shall have completed liis or lier schedule or
schedules, as above reqnu-ed, he or she shall deliver it to some
one of the directors, and it shall be the duty of said director, in
connection with one other director of the board, to carefully ex-
amine such schedule or schedules, aud, after correcting all errors,
and if they shall find such schedule to have been kept according
to law, they shall certify to the same, as near as practicable, in
the following form, viz :

STATE OF ILLINOIS, \ ,g
County. j *" "

We, the undersigned, directors of , in township number , range

niimber , in the county aforesaid, certify that we have examined the forego-
ing schedule, and find the same to be correct, and that the school was conducted
according to law. That there is now due said CD, teacher, as per contract, the
sum of dollars and cents, and that the said teacher has a legal certifi-
cate of good moral character, and of qualification to teach a common school
(or of such grade as the case may be.)

Witness our hands, this day of , a. d. 185 — .

p" -pv"' > Directors.

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

§ 54. School directors shall certify no schedule that reaches
back to a time more than six months from the time fixed by law
for the regular return of schedules to the township treasurer.
Schedules made and certified, as aforesaid, shall, at least two days
before the first Monday in April and October, be delivered by the
directors to the township treasurer. The director, or directors, to
whom the schedule is delivered by the teacher, shall receipt for
the same ; which receipt shall be evidence in favor of the teacher,
and against the director or directors ; and the directors shall be
personally liable for any loss sustained by the teacher through
their faihu'e to deliver the schedule to the township treasui-er
within the time fixed by law. Teachers' schedules are hereby
declared payable on the first Mondays in April and October of
each year ; and for any portion of the amount certified in said
schedules, by the directors, to be due, and remaining unpaid, after
said first Mondays in April and October, respectively, teachers
shall be entitled to interest, at the rate of ten (10) per cent, per
annum, until paid; and it is hereby made the duty of all school
directors, trustees and township treasurers, to allow and pay said
rate of interest upon all unpaid balances due teachers, as afore-



OFFICIAL AND JUDICIAL DECISIONS. 23

said, and said balances shall be paid ont of tlie first moneys
coming into the hands of the township treasurer, to the credit of
the proper district, and not otherwise previously and specifically
appro]3riated.

TOWNSHIP TREASUEEE — HIS DUTIES.

§ 55. The township treasurer, appointed by the board of trus-
tees, shall, before entering upon his duties, execute a bond, with
two or more freeholders, who shall not be members of the board,
as securities, payable to the board of the township for which
he is appointed treasurer, with a sutiicient penalty to cover all
liabilities which may be incurred, conditioned faithfully to per-
form all the duties of township treasurer, in township ,

range , in county, according to law. The security

.shall be approved by at least a majority of the board, and shall
be delivered by one of the trustees to the county superinten-
dent of the proper county. And in all cases where such treasurer
aforesaid is to have the custody of all bonds, mortgages, moneys
and effects denominated principal, and belonging to the township
for which he is appointed treasurer, the penalty of said treasurer's
bond shall be twice the amount of said bonds, notes, mortgages,
moneys and eifects. And every township treasurer appointed
subsequent to the first, as herein provided, shall execute bond,
with security, as is required by the first treasurer. The bond
required in this section shall be in the following form, viz :

STATE OF ILLINOIS, )

County. ) ^^'

Know all men by these presents, that we, A. B., C. D., and E. P., are held

and firmly bound, jointly and severally, unto the board of , in said county

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

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

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

day of , A. D. 18 — .

The condition of the above obligation is such, that if the above bounded A. B.,

township treasurer of township , ra.nge , in [the county aforesaid,

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

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

G. H.,-|

I. J., J- Trustees.

K.L.,J

§ 56. Every township treasurer shall provide himself with
two well bound books, the one to be called a cash book, the other
a loan book. He shall charge himself in the cash book with all
moneys received, stating the charge, when, from whom and on



24



SCOOL LAWS OF ILLINOIS, WITH



what account received ; and credit himself with all moneys paid
or loaned, the amount loaned, the date of the loan, the rate of
interest, the time when payable, the name of the securities, or, if
real estate be taken, a description of the same. He shall also
enter, in separate accounts, moneys received and moneys paid
out, charging the first to debit account, and crediting the latter as
follows, to- wit : First, the principal of the township fund, when
paid in and when paid out. Second, the interest of the township
fund, when received and when paid out. Third, the common
school fund, and other funds, when received from the county
superintendent and when paid out. Fourth, the taxes received
from the county collector, distinguishing between that for general



Online Librarystatutes Illinois. LawsSchool laws of Illinois → online text (page 3 of 26)