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school pm-poses and that levied for the purpose of prolonging
schools. Fifth, donations received. Sixth, moneys coming from
all other sources; and in all cases entering the date when re-
ceived and when paid out ; and he shall also arrange and keep
his books and accounts in such other manner as may be directed
by the state or county superintendent, or the board of trustees.
He shall also provide a book, to be called a journal, in which he
shall record, fully and at length, the acts and proceedings of the
board, their orders, by-laws and resolutions ; which book shall
be at all times subject to the inspection of said board, or other
person authorized by this act, or of any committee appointed by
the inhabitants of the township to examine the same. And he
shall also jDrovide a book, to be called a record, in which he shall
enter a brief description of all notes or bonds belonging to the
township, and upon the opposite page he shall note down when
paid, or any remarks to show where or in what condition it is, as
in the following form, viz :



makers'

NAME.


DATE OF NOTE.


WHEN DUE.


AMOUNT.


REMARKS.


A. B. C. D.

E. F.


January 1st,
185—.


January 1st,
185—.


$90 00.


January 6, 185—, handed to
I. J. , for collection, (or January
6, 185—, paid.



§ 57. Township treasurers shall loan, upon the following con-
ditions, all moneys which shall come to their hands by virtue of
their office, except such as may be subject to distribution. The
rate of interest shall not be less than six per cent., nor more than
ten per cent, per annum, payable half-yearly in advance ; the
rate of interest to be determined by a majority of the township
trustees, at any regular or special meeting of their board. No
loans shall be made for less than six months, or more than five
years. For all sums not exceeding one hundred dollars, loaned
for not more than one year, two responsible securities shall be
given ; for all sums over one hundred dollars, and for all loans
for more than one year, security shall be given by mortgage on



OEFICIAL AND JUDICIAL DECISIONS. 25

real estate, nniiicumbered, in value double the amount loaned,
with a condition, that in case additional security shall, at any
time, be required, the same shall be given to the satisfaction of
the board of trustees for the time being: Provided^ that nothing
herein shall prevent the loaning of township funds to boards of
school directors, taking bonds therefor, as provided in section
forty-seven of the act : And^ provided further, that all loans of
school money, made by township treasurers and school officers,
during the past two years, in accordance with the instructions
of the state superintendent, are hereby declared lawful, as if made
under the provisions of this section, asamended. ISTotes, bonds,
mortgages and other securities taken for money or other property,
due or to become due to the board of trustees for the township,
shall be payable to the said board by their corporate name ; and
in such name suits, actions and complaints, and every description
of legal proceedings, may be had for the recovery of money, the
breach of contracts, and for every legal liability which may at
any time arise or exist, or upon which a right of action shall
accrue to the use of this corporation : Provided, however, that
notes, bonds, mortgages and other securities in which the name
of the county superintendent, or of the trustees of schools, are
inserted, shall be valid to all intents and purposes ; and suit shall
be brought in the name of the board of trustees as aforesaid.
The wife of the mortgager (if he has one) shall join in the mort-
gage given to secure the payment of money loaned by virtue of
the provisions of this act.

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

I, A. B., of the county of , and state of , do hereby grant, convey

and transfer to the board of trustees of township , range , in the county

of , and state of Illinois, for the use of the inhabitants of said township,

the following described real estate, to wit : (Here insert premises.) Which real

estate I declare to be in mortgage for the payment of dollars loaned to me,

and for the payment of all interest that may accrue thereon, to be computed

at the rate of per cent, per annum until paid. And I do hereby covenant

to pay the said sum of money in years from the date hereof, and to pay

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

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

day of , 18 — .

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

"Which mortgage shall be acknowledged and recorded, as is
required by law for other conveyances of real estate, the mort-



26 SCHOOL LAWS OF ILLINOIS, WITH

gager paying tlie expenses of acknowledgment and recording, and
fifty cents as a fee to thfe township treasurer.

§ 59. Upon the breach, of any condition or stipulation con-
tained in said mortgage, an action may be maintained and damages
recovered as upon other covenants ; but mortgages made in any
other form to secure payment as aforesaid shall be valid as if no
form had been prescribed. In estimating the value of real estate
mortgaged to secure the payment of money loaned under the
provisions of this law, the value of improvements liable to be
destroyed, shall not be included.

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

§ 61. If default be made upon the payment of interest due
upon money loaned by any county superintendent or township
treasurer, or in the payment of the principal, interest at the rate
of twelve per cent, per annum shall be charged upon the principal
and interest from the clay of default, which shall be included in
the assessment of damages, or in the judgment in suit or action
brought upon the obligation to enforce payment thereof; and in-
terest as aforesaid may be recovered in action brought to recover
interest only. And the said township treasurers are hereby
empowered to bring appropriate actions, in the name of the board
of trustees, for the recovery of the half-yearly interest, when due
and unpaid, without suing for the principal, in whatever form
secured, and justices of the peace shall have jurisdiction in such
cases of all sums under one hundred dollars.

§ 62. All suits brought, or actions instituted under the pro-
visions of this act, may be brought in the name of the " board

of trustees of township , range ," except as is provided

for action qui tain in this act, or in favor of county superinten-
dents. The township treasurer shall demand, receive and safely
keep, according to law, all moneys, books and papers of every
description belonging to his township. He shall keep the town-
ship fund loanecl at interest; and if on the first Monday of
October in any year there shall be any interest or other funds on
hand which shall not be required for distribution, such amount
not required, as aforesaid, may, if the board of trustees see proper,



OFFICIAL AND JUDICIAL DECISION'S. 2Y

forever be considered as principal in the funds to which it
belongs, and loaned as such.

§ 68, On the first Mondays of April and October, of every
year, the township treasurer shall lay before the board of trustees
a statement, showing the amount of interest, rents, issues and
profits that have accrued or become due since their last regular
half-yearly meeting on the township lands and township funds,
and also the amount of state and county fund interest on hand.
He shall also lay before the said trustees all books, notes, bonds,
mortgages, and all other evidence of indebtedness belonging to
the township, for the examination of the trustees, and shall make
such other statement as the board may require touching the duties
of his ofiice. The township treasm^er shall also, on the first
Mondays of April and October of each year, make a full settle-
ment with the respective boards of directors in his township, and
shall deliver to the clerk of each of said boards, on demand, a
statement, or exhibit, showing the exact condition of the account
of each district, and the amount of funds of, every discription
in his hands to the credit of, and belonging to, each district
respectively, and subject to the order of the directors thereof

§ 64. For any failure or refusal to perform all the duties
required of town&hip treasurer by law, he shall be liable to the
board of trustees upon his bond, to be recovered by action of debt
by said board, in their corporate name, for the use of the proper
township, before any court having jurisdiction of the amount of
damages claimed; but if said treasurer, in any such failure or
refusal, acted under and in conformity to a requisition or order
of said board, or a majority of them, entered upon their journal
and subscribed by their president and clerk, then and in that
case the members of the said board aforesaid, or those of them
voting for said requisition or order aforesaid, and not the treasurer,
shall be liable, jointly and severally, to the inhabitants of the
township, to be recovered by action of assumpsit in the official
name of the county superintendent of schools, for the use of the
proper township.

§ 65. When a township treasurer shall resign, or be removed,
and at the expiration of his term of office, he shall pay over to
his successor in ofiice all money on hand, and deliver over all
books, notes, bonds, mortgages, and all other securities for money,
and all papers and documents of every description, in which
the corpoi-ation may have any interest whatever ; and in case of
the death of the township treasurer, his securities and legal
representatives shall be bound to comply with the requisitions of
this section. And for any failure to comply with the requisitions
of this section, he shall be liable to a penalty of not less than
ten nor more than one hundred dollars, at the discretion of the
court before which judgment may be obtained; and the obtain-



28 SCHOOL LAWS OF ILLINOIS WITH

ing or payment of said judgment shall in no wise discliarge or
diminish the obligation of his official bond.

TOWNSHIP AND COUNTY SCHOOL FUNDS.

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

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

The treasurer of township No. , range No. in county, will pay

to , or bearer, dollars and cents, (on his contract for re-
pairing school house, or whatever the purpose may be.)

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

A. B., President .

C. D.. Clerk.

Which order, together with the receipt of the person to whom
paid, shall be filed in the office of the township treasurer.



OrFICIAL AND JUDICIAL DECISIONS. 29



COMMON SCHOOL FUNDS.

§ 68. The common school fund of this state shall consist of
such sums as will be produced by the annual levy and assessment
of two mills upon each dollar's valuation of all the taxable property
in the state ; and there is hereby levied and assessed, annually,
in addition to the revenue for state purposes, the said two mills
upon each dollar's valuation of all taxable property in the state,
to be collected and paid, and the amount due from the state,
according to a statement and settlement of the account between
the state and that fund under the provisions of an act entitled
" An act to provide for the distribution and application of the
interest on the school, college and seminary fund," approved
on the seventh of February, one thousand eight hundred and
thirty-five, and of all funds which have been or may be received
by the state from the United States, for the use and support
of common schools ; and also of the money added to the common
school fund, which was received from the United States under
an act of Congress providing for the distribution of the surplus
revenue of the United States, and which was invested in bank
stock by authority of the state, and of the amount added to the
school fund under an act requiring the three per cent, fund to be
invested in state bonds: Provided, that in cases where hereto-
fore the state taxes have not been collected in any county, such
county shall not be entitled to a distribution of the college, semi-
nary and school fund, for the period of time that no such taxes
have been collected, and that the portion of the fund aforesaid
shall in such cases be distributed without regard to such county.

§ 69. The state shall pay an interest of six per cent, per
annum upon the amount of the aforesaid common school funds,
except on so much thereof as may be realized from the levy
of the tax directed to be levied under the provisions of this act,
which shall be paid annually, and applied to the support of
the common schools, as herein provided. The state shall also
pay, as aforesaid, and at the same time, an interest of six per
centum per annum upon the amount due the college and seminary
fund ; which interest shall be loaned to the common school fund,
and known in this law and applied in all cases as interest on
the common school fund as aforesaid.

§ TO. On the first Monday in January, in each and every
year next after taking the census of the state, the auditor of
public accounts shall, under the supervision of the commissioner
of the school fund of the state, ascertain the number of white
children in each county in the state under twenty years of age,
and shall thereupon make a dividend to each county of two-thirds
the sum from the tax levied and collected under the provisions
of the sixty-eighth section of this act ; and the interest due on
the school, college and seminary fund, in proportion to the number



30 SCHOOL LAWS OF ILLINOIS, "SVITH j

1

of white cliilclren in each county under the age aforesaid, and of
the remaining one-third, in proportion to the number of town-
ships and parts of townships in each county, and issue his
warrant to the superintendent of schools of each county upon
the collector thereof. And upon presentation of said warrant by
the county superintendent to the (Collector of his county, said
collector or treasurer shall pay over to the ounty superintendent
the amount of said warrant out of the first specie funds which
may be collected by him, and not otherwise appropriated by
law, taking said superintendent's receipt therefor; and on set-
tlement with the auditor said collector shall be credited with the
amount specified in said receipt, in the same manner as if it had
been paid into the treasury. Disddends shall be made as afore-
said, according to the proportions ascertained to be due to each
county annually thereafter, until another census shall have been
taken, and then dividends shall be made and continued as afore-
said, according to the last census : Provided^ that if any collector
shall fail or refuse topay, in gold or silver, the amount of the
aforesaid warrant, or any part thereof, by the first day of March
annually, or so soon thereafter as it may be presented, it shall be
coinpetent for the county superintendent to proceed against said
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 judgement, and issue
execution; or said suit may be brought in any court having jm'is-
diction : and the said collector shall pay twelve per centum,
to be assessed as damages, u23on the amount due, and which-
shall be included in the judgment obtained against him.

COMPENSATION OF OFFICERS.

§ Yl. Collectors of the two mill tax, authorized under sec-
tion sixty-eight (68) of the act of which this act is amendatory,
shall be entitled to only two per cent, on the amount collected by
them. County superintendents shall be allowed to retain, out
of the township funds of the township for which the services
may be rendered, three per cent, upon the amount of sales of
school lands, and upon the real estate taken for debt, for their
services in making such sales, including such other services,,
connected therewith, as are required by the provisions of this
act and the act of which this act -is amendatory; and two per
cent, they may retain upon the amount of all sums distributed,
paid or loaned out by them for the support of schools. And for
their services as county superintendents of schools, including the
duties enjoined by the sixth [twentieth] section of this act, they
shall be entitled to receive three dollars per day for any number
ol days not exceeding two hundred in anyone year; which ac-
count shall be certified and sworn to bv the county superintendent,



OFFICIAL AND JUDICIAL DECISIONS. 31

and shall be paid semi-annually, from the county treasury.
County courts and boards of supervisors are also authorized to
make additional appropriations to county superintendents for
their services, if deemed |)roper, and also for the maintenance
and encouragement of county teachers' institutes, for the improve-
ment and beneiit of the teachers of common schools in their
respective counties.

§ 72, Township treasurers shall be allowed to retain two
per cent, upon all sums paid out or loaned by them, including
moneys raised by virtue of any district tax. County treasurers
shall not be entitled to any commissions upon school taxes col-
lected and paid over to them by county or township collectors,
any law of . this state to the contrary notwithstanding. Boards
of township trustees shall, and it is hereby made their duty to
make a reasonable allowance, annually, to said treasurers, for
their services performed as clerks of said boards, to be paid out
of the township funds. County superintendents, trustees of
schools, school directors, and all other school officers, shall be
exempted from working on the roads and military duty.

LIABILITIES OF OFFICEKS.

§ 73. If any county superintendent, trustee of schools, town-
ship treasurer, director, or any person entrusted with the care,
control, management or disposition of any school, college, sem-
inary or township fund, for the use of any county, township,
district or school, shall convert any such 'funds, or any portion
thereof to his own use, he shall be liable to indictment, and upon
conviction shall be fined in not less than double the amount of
money converted, and imprisoned in the county jail not less than
one or more than twelve months, at the discretion of the court.

§ 74:. Trustees of schools shall be liable, jointly and severally,
for the sufficiency of securities taken from township treasurers ;
and in case of judgment against said treasurers and their
securities, or on account of any default of any such treasurer, on
which the money shall not be made for want of sufficient property
whereon to levy execution, actions on the case may be main-
tained against said trustees jointly or severally, and the amount
not collected on said judgment shall be recovered with costs :
Promded^ that if said trustees can show, satisfactorily, that the
security taken from the treasurer as aforesaid was, at the time
of said taking, good and sufficient, they shall not be liable as
aforesaid.

§ 75. The real estate of county superintendents, of township
treasurers, and all other school officers, and of the securities
of each of them, shall be bound for the satisfaction and payment
of all claims and demands against said superintendents and
treasurers and other officers, as such, from the date of issuing



32 SCHOOL LAWS OF ILLINOIS WITH

process against them, in actions or suits brought to recover such
claims ordemands, until satisfaction thereof be obtained; and no
sale or alienation of real estate by any superintendent, treasurer
or other officer, or secarity aforesaid, shall defeat the lien created
by this section, but all and singular such real estate held, owned
or claimed as aforesaid, shall be hable to be sold in satisfaction
of any judgments which may be obtained in such actions or suits.

§ 76. Trustees of schools, or either of them, faihng or refusing
to make returns of children in their township, according to the
provisions of this act, or if either of them shall knowingly make a
false return, the party so offending shall be liable to a penalty of
not less than ten dollars nor more than one hundred dollars, to
be recovered by action of assicmjysit, before any justice of the
peace of the county; which penalty, when collected, shall be
added to the township fund ; and if any county superintendent,
director or trustee, or either of them, or other officer whose duty
it is, shall negligently or mllfully fail or refuse to make, furnish
or communicate the statistics and information, or shall fail to
discharge the duties enjoined upon them, or either of them,
at the tnne and in the manner required by the provisions of this
act, such delinquent or party offending shall be liable to a fine of
twenty-five dollars, to be recovered before any justice of the
peace, on information, in the name of the people of the state of
Illinois, and when collected shall be paid to the county superin-
tendent of the i3roper county, for the use of schools.

§ YT. County superintendents, trustees of schools, directors



Online Librarystatutes Illinois. LawsSchool laws of Illinois → online text (page 4 of 26)