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and township treasurers, or either of them, and any other officer
having charge of school funds or property, shall be responsible for
all losses sustained by any county, township or school fund, by
reason of any failure on his or their part to perform the duties
required of him or them by this act, or by any rule or regulation
authorized to be made by this act; and each and every of the
officers_ aforesaid shall be liable for any such loss sustained as
aforesaid,^ and the amount thereof may be recovered in a civil
action before any court having jurisdiction thereof, at the suit of
the state of Ilhnois, for the use of the county, township or fund
injured; and the amount, when collected, shall be paid to the
proper officer, for the benefit of said county, township or fund
injured.

COSTS, TEmiKE OF OFFICERS AOT) CONTKACTS UOTDEE FORMER LAWS.

§ Y8. No justice of the peace, probate justice, constable, clerk
of any court or sheriff', shall charge any costs in any suit where
any agent of any school fund, suing for the recovery of the same,
or any interest due thereon, is plaintiff", and shall be, from any
cause, unsuccessful in such suit. County superintendents ap-
pointed heretofore shall continue in office until superseded,



OFFICIAL AND JUDICIAL DECISIONS. 33

according to the provisions of this act, and their duties, respon-
sibilities and powers shall be governed by the provisions herein
named. Trutees of school lands heretofore appointed, and trus-
tees of schools heretofore elected, shall also continue to discharge
the duties of their office until trustees of schools are elected
under the provisions of this act. Townships heretofore incorpo-
rated shall, without any further action or proceeding, be consid-
ered as incorporated under the provisions of this act; and the
trustees and other officers shall continue to discharge their duties
till suspended by appointment or election under this law; and all
school directors and officers heretofore appointed shall continue
in office until superseded by the election, as provided in this act,
and shall be governed by the provisions of the laws heretofore in
force, unless otherwise directed by this act. Leases of school
lands shall remain valid, and be executed according to the laws
under which they were made. Common school lands, valued
and offered for sale and remaining unsold, shall be sold upon
terms prescribed by this act. All taxes levied and contracts made
under the laws hereby repealed shall remain valid, and all rights,
remedies, defenses and causes of action existing, or which may
hereafter exist or arise, under or by virtue of said repealed laws,
shall continue and remain valid, and shall be enforced, notwith-
standing the repeal of said laws, unless canceled according to
the provisions of this act.

OF CITIES AISD INCOEPOEATED TOWNS.

§ T9. This act shall not be so construed as to repeal or change,
in any respect, any special acts in relation to schools in cities or
incorporated towns, except that it shall be the duty of the several
boards of education or other officers of any city or incorporated
town, having in charge schools under the provisions of any of
of the said special acts, or of any ordinance of any city or in-
corporated town, on or before the second Monday of October
preceding each regular session of the general assembly of this
state, or annually, if required so to do by the state superinten-
dent, to make out and render a statement of all such statistics
and other information in regard to schools, and the enumeration
of children or white persons, as are required to be communicated
by township boards of trustees or directors under the provisions
of this act, or so much thereof as may be applicable to said
city or incorporated town, to the county superintendent of the
county where such city or incorporated town is situated, or of the
county in which the larger part of such city or town is situated ;
nor shall it be lawful for the county superintendent or any other
officer or person to pay over any portion of the common school
fund to any local treasurer, school agent, clerk, board of education
or other officer or person of any township, city or incorporated



34: SCHOOL LAWS OF ILLINOIS, WITH

town, unless a report of the number of children or white per-
sons, and other statistics relative to schools, and a statement of
such other information as are required of the boards of trustees
or directors, as aforesaid, and of other school officers and teachers
under the provisions of this act, shall have been filed at the time
or times aforesaid, specified in this section, with the school com-
missioner of the proper county, as aforesaid.

§ 80. In townships in which there shall be persons of color,
the board of trustees shall allow such persons a portion of the
school fund equal to the amount of taxes collected for school pur-
poses from such persons of color in their respective townships.

COMMON SCHOOL LANDS.

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

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



OEFIOIAL AND JUDICIAL DECISIONS. 35

ship fund. And all other fines, penalties and forfeitures imposed
or incurred in any of the courts of record, or before any of the
justices of the peace of this state, except fines, forfeitures and
penalties incurred or imposed in incorporated towns or cities, for
the violation of the by-laws or ordinances thereof, shall, when
collected, be paid to the school superintendent of the county
wherein such fines, forfeitures and penalties have been imposed
or incurred, who shall give his receipt therefor ; and the same
shall be distributed by said superintendent, annually, in the same
manner as the common school funds of the state are distributed ;
and it shall be the duty of the state's attorneys of the several
judicial circuits, to enforce the collection of all fines, forfeitures,
and penalties imposed or incurred in the courts of record in their
several circuits, and to pay the same over to the school super-
intendents of the counties wherein the same have been imposed
or incurred, retaining therefrom the fees and commissions allowed
them by law ; and it shall be the duty of the said justices of the
peace to enforce the collection of all fines imposed by them, by
any lawful means; and, when collected, the same shall be paid,
by the oflicer charged with the collection thereof, to the school
superintendent of the county in which the same was imposed.
Clerks of said courts of record, and justices of the peace, shall
report, under oath, to the school superintendent of their respective
counties, by the first of March, annually, the amount of such
fines, penalties and forfeitures im^^osed or incurred in their re-
spective courts, and the amount of such fines forfeitures and
penalties collected by them, giving each item separately, and the
oflicer charged with the collection thereof; and said clerks and
justices of the peace, for a failure to make such a report, shall be
liable to a fine of twenty-five dollars for each offense, to be re-
covered in a civil action at the suit of the school superintendent
of the proper county. For a failure to pay any such fines, forfeit-
ures or penalties, on demand, to the person who is by law
authorized to receive the same, the officer having collected the
same or having the same in his possession, shall forfeit and pay
double the amount of such fine, penalty or forfeiture as aforesaid,
to be recovered before any court having jurisdiction thereof, in
a qui tam action, one-half to be paid to the' informer and one-half
to the school fund of the proper county.

SALE OF COMMON SCHOOL LANDS.

§ 83. When the inhabitants of any township, or fractional
township, shall desire the sale of the common school land of the
township, or fractional township, they shall present a petition to
the county superintendent of the county in which the school
lands of the township, or the greater part thereof, he, for the
sale thereof; which petition shall be signed by at least two-thirds



3b SCHOOL LAWS OF ILLINOIS, WITH

of tlie white male inhabit ants of the township, or fractional town-
ship, of and over twenty-one years of age. The signing of the
petition mnst be in the presence of two citizens of the township,
after the true meaning thereof shall have been explained ; and
when signed, an affidavit shall be affixed thereto by the two citi-
zens, proving the signing in the manner aforesaid, and stating
the number of white male inhabitants in the township, or frac-
tional township, of and over twenty-one years of age; and said
petition, so proved, shall be delivered to the connty superintendent
for his action thereon : Provided, that no whole section shall be
sold in any township containing less than two hundred inhabitants;
and common school lands in fractional townships may be sold
when the number of inhabitants and number of acres are in the
ratio of two hundred to six hundred and forty, but not before.

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

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

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

§ 87. The place of selling common school lands shall be at
the court house of the county in which the lands are situated ;
or the trustees of schools may du-ect the sale to be made on the
premises ; and upon the reception by the county superintendent
of the plat and certificate of valuation from the trustees, he shall
proceed to advertise the said land for sale in lots, as divided and
laid off by said trustees, by posting notices thereof in at least



OFFICIAL AND JUDICIAL DECISIONS. • 37

six public places in the county, forty days next anterior to tlie
day of sale, describing tlie land, and stating tbe time, terms and
place of sale ; and if any newspaper is published in said county,
said advertisement shall be printed therein for four weeks before
the day of sale — if none, then it shall be sold under the notice
aforesaid.

§ 88. Upon the day appointed, the county superintendent
shall proceed to make sales as follows, viz: He shall begin at
the lowest number of lots and' proceed regularly to the highest,
till all are sold or offered. ISTo lot shall be sold for less than its
valuation by the trustees. Sales shall be made between the hours
often o'clock, a. m., and six o'clock, p. m., and may continue from
day to day. The lots shall be cried separately, and each lot cried
long enough to enable any one present to bid who desires it.
• § 89. Ilpon closing the sales each day, the purchasers shall
each pay or secure the payment of the purchase money, accord-
ing to the terms of sale ; or in case of his failure to do so by ten
o'clock the succeeding day, the lot purchased shall be again offered
at public sale, on the same terms as before, and if the valuation or
more shall be bid shall be stricken off; but if the valuation be
not bid the lot shall be set down as not sold. If the sale is or is
not made, the former purchaser shall be required to pay the dif-
erence between his bid and the valuation of the lot ; and in case
of his failing to make such payment the county superintendent
may forthwith institute an action of debt or assumpsit, in his
name, as superintendent, for the use of the inhabitants of the town-
ship where the land lies, for the required sum ; and upon making
proof shall be entitled to judgment, with costs of suit ; which,
when collected, shall be added to the principal of the township
fund. And if the amount claimed does not exceed one hundred
dollars, the suit may be instituted before a justice of the peace ;
but if more than that sum, then in the circuit court of any county
wherein the party may be found.

§ 90. All lands not sold at public sale, as herein provided for,
shall be subject to sale at any time thereafter, at the valuation ;
and county superintendents are authorized and required, when
in their power, to sell all such lands at private sale, upon the
terms at which they are offered at public sale.

§ 91. In all cases where common school lands have been here-
tofore valued, and have remained unsold for two years, after
having been offered for sale, or shall hereafter remain unsold for
that length of time, after being valued and offered for sale in con-
formity to this act, the trustees of schools where such lands are
situated may vacate the valuation thereof, by an order to be en-
tered in book A, of the county superintendent, and cause a new
valuation to be made, if, in their opinion, the interests of the
township will be promoted thereby. They shall make said sec-
ond valuation in the same manner as the first was made, and shall



38 SCHOOL LAWS OF ILLINOIS, WITH

deliver to the county superintendent a plat of such second valua-
tion, with the order of vacation, to be entered as aforesaid ; where-
upon said county superintendent shall proceed in selling said
lands in all respects as if no former valuation had been made:
Provided^ that the second valuation may be made by the trustees
of schools, without petition, as provided in this act.

§ 92. IJpon the completion of every sale by the piu-chaser,
the county superintendent shall enter the same on book B, and
shall deliver to the purchaser a certificate of purchase, stating
therein the name and residence of the purchaser, describing the
land and the price paid therefor; which certificate shall be evi-
dence of the facts therein stated.

§ 93. At the fii'st regular term of the county comi in each
year, the county superintendent shall present to the court of his
county — first, a statement showing the sales of school lands made
subsequent to the first regular term of the previous year, which
shall be a true copy of the sale book, (book B;) second, statements
of the amount of money received, paid, loaned out and on hand,
belonging to each township or fund under his control — the state-
ment of each fund to be separate ; third, statements copied from
his loan book, (book C,) showing all the facts in regard to loans
which are required to be stated upon the loan book ; all of which
the county court shall thereupon examine and compare with the
vouchers ; and the said county court, or so many of them as may
be present at the term of the court shall be liable, individually, to
the fund injured, and to the securities of said county superinten-
dents, in case judgments be recovered of said securities, for all
damages occasioned by a neglect of the duties, or any of them,
required of them by this section : Provided^ nothing herein con-
tained shall be construed to exempt the securities of said county
superintendent from any hability as such securities, but they shall
still be hable to the fund injured the same as if the county super-
intendents were not liable.

§ 9i. The county superintendent shall, also, at the time afore-
said, transmit to the auditor of public accounts, a full and exact
transcript from book B, of all the sales made subsequent to each
report. The statement required to be presented to the county
court shall be preserved, and copied by the clerk of said court into
a well bound book, kept for that purpose; and the hst transmitted
to the auditor shall be filed, copied and preserved in hke manner.

§ 95. Every purchaser of common school land shall be entitled
to a patent from the state, conveying and assui'ing the title. Pat-
ents shall be made out by the auditor, from returns made to him
by the county superintendent. They shall contain a description
of the land granted ; and shall be in the name of and signed by
the governor, countersigned by the auditor, with the great seal of
the state afiixed thereto by the secretary of state, and shall operate
to vest in the purchaser a perfect title in fee simple. "When pat-



OFFICIAL AND JUDICIAL DECISIONS. 39

ents are executed as herein required, tlie auditor shall note on the
list of sales, the date of each patent, in such manner as to perpetu-
ate the evidence of its date and delivery, and thereupon transmit
the same to the county superintendent of the proper county, to
be by him delivered to the pantentee, his heirs or assigns, upon
the return of the original certificate of purchase ; which certificate,
when returned, shall be filed and preserved by the county super-
intendent.

§ 96. Purchasers of common school lands, and their heirs and
assigns, may obtain duplicate copies of their certificates of pur-
chase and of patents, upon filing affidavit with the county super-
intendent in respect to certificates, and with the auditor in respect
to patents, proving the loss or destruction of the originals ; and
such copies shall have all the force and effect of the originals.

ACTS EEPEALED.

§ 97. An act entitled "An act to establish and maintain com-
mon schools," approved February 12, 184:9, and an act to amend
said act, approved February 12, 1851, and an act entitled "An act
to increase the school fund," approved February 10, 1853, and all
other acts and parts of acts coming in confiict with the provisions
of this act, are hereby repealed. This act shall take effect and be
in force from and after its passage.

Approved February 16, 1865.



AN ACT for the establishment and maintenance of a Normal University.

Section 1. Be it enacted l)y the People of the State of Illinois,
represented in the General Assembly, That C. B. Denio, of Jo
Daviess county, Simeon "Wright, of Lee county, Daniel Wilkins,
of McLean county, C. E. Hovey, of Peoria county, George P.
Kex, of Pike county, Samuel W. Moulton, of Shelby county, John
Gillespie, of Jasper county, George Bunsen, of St. Clair county,
Wesley Sloan, of Pope county, Ninian W. Edwards of Sangamon
county, John Eden, of Moultrie county, Flavel Mosely, of Cook
county, William H. Wells, of Cook county, Albert R. Shannon,
of White county, and the superintendent of public instruction, ex-
officio, with their associates, who shall be elected as herein provi-
ded, and their successors, are hereby created a body corporate and
politic, to be styled " The Board of Education of the State of
Illinois," and by that name and style shall have perpetual succes-
sion, and have power to contract and be contracted with, to sue
and be sued, to plead and be impleaded, to acquire hold and con-
vey real and personal property ; to have and use a common seal,
and to alter the same at pleasure ; . to make and establish by-laws,
and alter or repeal the same as they shall deem necessary for the



40 SCHOOL LAWS OF ILLINOIS, WITH

government of tlie ITormal University hereby authorized to be es-
tabhshed, or any of its departments, officers, students or em-
ployees, not in conflict with the constitution and laws of this
state, or of the United States ; and to have and exercise all powers,
and be subject to all duties usual and incident to trustees of corpo-
rations.

§ 2. The superintendent of public instruction, by virtue of his
office shall be a member and secretary of said board, and shall
report to the legislature at its regular sessions the condition and
expenditures of said JSTormal University, and communicate such
further information as the said board of education or the legislature
may direct.

§ 3. 'No member of the board of education shall receive any
compensation for attendance on the meetings of the board, except
his necessary traveling expenses ; which shall be paid in the same
manner as the instructors employed in the said JSTormal University
shall be paid. At all the stated and other meetings of the board,
called by the president or secretary, or any five members of the
board, five members shall constitute a quorum, provided all shall
have been duly notified.

§ 4. The objects of the said ITormal University shall be to
qualify teachers for the common schools of this State, by imparting
instruction in the art of teaching, in all branches of study which
pertain to a common school education, in the elements of the natu-
ral sciences, including agricultural chemistry, animal and vegeta-
ble physiology, in the fundamental laws of the United States and
the state of Illinois in regard to the rights and duties of citizens^
and such other studies as the board of education may from time to
time prescribe.

§ 5. The board of education shall hold its first meeting at the
office of the superintendent of public instruction, on the first Tues-
day in May next, at which meeting they shall appoint an agent,
fixing his compensation, who shall visit the cities, villages and
other places in the state, which may be deemed eligible for the
pm-pose, to receive donations and jDroposals for the establishment
and maintenance of the IlTormal University. The board shall
have power and it shall be their duty to fix the permanent loca-
tion of said ]!!^ormal University at the place where the most favor-
able inducements are offered for that purpose: Frovided, that
such location shall not be difficult of access, or detrimental to the



Online Librarystatutes Illinois. LawsSchool laws of Illinois → online text (page 5 of 26)