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The school law of Illinois, enacted by the Forty-sixth General Assembly online

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by appointing one of their number president and another of their number
clerk. At this meeting of the directors they shall cast lots for their terms
of office for one, two and three years, respectively.

63. In case a new district is organized by the action of the county
superintendent, the clerk of the trustees of schools shall, within five days
after he has received notice of the action of the" county superintendent on
the appeal, order an election of directors in the new district the same
as if the change had been made by the trustees, and such election shall be
held in the same manner as the election provided for when the trustees
have formed a new district.

64. When a new district has been formed by the trustees, or by the
county superintendent or county superintendents, from a part of a dis-
trict or parts of two or more districts, the trustees of the township or
townships concerned shall make forthwith a distribution of tax funds,
or other funds in the hands of the treasurer, or to which the district
may, at the time of such division, be entitled, so that the old and new
districts shall receive parts of such funds in proportion to the amount
of taxes collected next preceding such division from the taxable property
in the territory composing the several districts. If the new districts
be composed of parts of two or more districts, the trustees shall make
distribution of such funds between the new district and the old districts
respectively, so that the new district shall receive a distribution of the
funds of each of the old districts in the proportion which the amount
of taxes collected from the property in the territory of the new district
bears to the whole taxes collected next before the division in the old
district; and the township treasurer shall forthwith place the sum so
distributed to the credit of the respective districts, and shall immediately
place the proportion of the funds to which the new district may be
entitled to its credit on his books, and the funds on hand shall be subject
at once to the order of the directors of the new district, and those not
on hand, as soon as collected.

65. When a new district is created, or within thirty days there-
after, the trustees of the township or townships concerned shall appoint
three appraisers, who shall not be residents of the township or townships
interested. It shall be the duty of such appraisers, within thirty days
after their appointment, to appraise the school property, real and per-
sonal, of the district or districts interested, at their fair cash value.
Within thirty days after such appraisement, the trustees of the township
or townships concerned shall charge the property to the district in which
it may be found, and credit the other districts interested with its pro-
portion of. such valuation: Provided, however, that the bona fide debts
of the old district shall first be deducted and the balance charged and
credited as aforesaid ; and the trustees shall direct the treasurer to place
to the credit of the district not retaining such property, its proportion
of the value thereof, and of the funds then on hand, or subsequently to
accrue, belonging to the district to which such property is charged.


66. The trustees of schools, elected as provided by this Act, shall
"be the successors to the trustees of schools elected in townships under
the provisions of "An Act to establish and maintain a system of free
schools/' approved May 21, 1889. All rights of property, and rights
and causes of action existing or vested in the trustees of schools elected,
as aforesaid, for the use of the inhabitants of the township, or any part
of them, shall vest in the trustees of schools elected under this Act, as
successors, in as complete a manner as was vested in the trustees of
schools elected as aforesaid.


- 67. Within ten days after the annual election of trustees of schools
in 1910, and biennially thereafter, the trustees of schools shall elect a
treasurer who shall be ex officio 1 clerk of the board, and shall hold his
office for two years. The treasurer shall be a resident of the township,
but not a trustee or director. It shall be his duty to attend all meetings
and keep a record of the official proceedings of the trustees of schools.
Such record shall be open to the inspection of any person interested.
All proceedings, when recorded, shall be signed by the president and the
clerk. If the clerk shall be absent, or refuse to perform any of the duties
of his office, a clerk pro tempore may be appointed. For good and suffi-
cient cause "the treasurer may be removed from office by the trustees of
schools. In case of a vacancy the trustees of schools shall elect a treasurer
for the unexpired term.

68. Before entering upon his duties, the township treasurer shall
execute a bond with two or more freeholders, who shall not be trustees
as securities, payable to the trustees of schools and conditioned upon
the faithful discharge of his duties. The penalty of such bond shall be
at least twice the amount of all bonds, notes, mortgages, moneys and
effects of which he is to have the custody, and shall be increased from
time to time, as the increase of the amount of notes, bonds, mortgages
and effects may require, and whenever in the judgment of the trustees
or county superintendent the security is insufficient. Such bond shall
be approved by at least a majority of the trustees, be delivered by one
of them to the county superintendent of schools, and shall be in the
following form, to wit:



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 trustees of town-
ship , Range , 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 , 1 The condition of this obligation is

such that if A B, treasurer of township , Range , in the

county aforesaid, shall faithfully discharge the duties of his office, accord-
ing to law, and shall deliver to his successor in office, after such successor
shall have qualified by giving bond as provided by law, all moneys, books,
papers, securities and property which shall come into his hands or con-


trol, as such township treasurer, from the date of his bond up to the time
that his successor shall have qualified as township treasurer, by giving
such bond as shall be required by law, then this obligation to be void; other-
wise to remain in full force and virtue.

A B [Seal]

C D [SealJ

E . . P [ Seal]

Approved and accepted by:

G :.. H




69. The township treasurer shall receive in full, for his services,
a compensation to be fixed, prior to his election, by the trustees of

70. The township treasurer shall be provided by the trustees of
schools with a cash book, a loan book, a district account book and a
journal. In the cash book he shall enter in separate accounts all moneys
received and moneys paid out, with the amount, date, from whom, to
whom, and on what account received or paid out ; or, if loaned, the date,
to whom, and the amount. Moneys received shall be charged to debit
account, and moneys paid out shall be credited as follows : First, to the
principal of the township fund; second, to the interest of the township
fund ; third, to the common school fund and other funds ; fourth, to the
taxes received from the county or town collector, and for what districts
received; fifth, donations; sixth, moneys coming from all other sources;
in all cases entering the date when received, and when paid out. In the
loan book he shall enter a record of all school funds loaned., with the
amount, to whom, date, time, when due, and the rate of interest, the
interest paid, and a description of the securities. In the district account
book he shall post from the cash book all receipts and expenditures on
account of any district, with the amount, date, from or to whom, and
from what sources and for what purposes. In the journal he shall record
at length the acts and proceedings of the trustees of ri^hools, their orders,
by-laws and resolutions. The township treasurer shall arrange and keep
his accounts in such manner as may be directed by the Superintendent
of Public Instruction, the county superintendent of schools or the trustees
of schools; and they shall be subject at all times to the inspection of
the trustees, the directors or other persons authorized by this Act, or of
any committee appointed by the voters of the township at the annual
election of trustees to examine the same.

71. The township treasurer, shall be the only lawful depositary
and custodian of all township and district school funds, and shall demand,
receipt for and safely keep, according to law, all bonds, mortgages, notes,
moneys, effects, books and papers of ever} 7 description belonging to his

72. The township treasurer shall keep the principal of the township
fund loaned at interest. The rate of interest, which shall not be less
than 4 per cent, nor more than 7 per cent, per annum, payable annu-
ally, shall be determined by a majority of the trustees of schools at
any regular or special meeting. No loan shall be made for less than


one year nor more than five years. All loans shall be secured by
mortgage on unincumbered realty situated in this State, worth at least
50 per cent more than the amount loaned, with d condition that in
case additional security shall be required at any time it shall be given,
to the satisfaction of the trustees of schools. In estimating the value
of realty mortgaged to secure the payment of money loaned^ the value
of improvements liable to be destroyed may be included; but in such
case the improvements shall be insured for their insurable value in a
responsible insurance company or companies, and the policy or policies
shall be transferred to the trustees of schools as additional security, and
shall be kept so insured until the loan is paid. Nothing herein shall
prevent the township treasurer from investing the principal of the
township fund in bonds issued by the State, the Sanitary District of
Chicago, counties, townships and cities in this State, and bonds issued
by school directors pursuant to section 195 of this Act. When school
funds are held by the treasurer of a district created by any special Act,
such funds shall be invested according to the provisions of this section.

73. Mortgages to secure the payment of money loaned under the
provisions -of this Act may be in the following form, to wit:

I, A B, of the county of , State of. . . . . , do hereby

grant, convey and transfer to the trustees of schools of township No . . . . ,

range No. . . ., 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 . .,. . .1. . . . ... .dollars loaned to me

and for the payment of all interest that may accrue thereon, to be
computed at the rate of. , ( . ... .4. .per cent per annum until paid. And

I do hereby covenant to pay the above sum of money in years

from the date hereof, and to pay the interest on the same annually, at
the rate aforesaid. 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 in writing by the 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 it is further
agreed by and between the parties, in case a bill is filed in any court to
foreclose this mortgage for nonpayment of either principal or interest,
that the mortgagor will pay a reasonable solicitor's fee, and the same
shall be included in the decree and be taxed as costs ; and we, A B, and
C, wife of A B, hereby release all right to the said premises which we
may have by virtue of any homestead laws of this State, and in con-
sideration of the premises, C, wife of A B, doth hereby release to said
board all her right and title of dower in the aforegranted premises for
the purpose aforesaid.

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

..... .day of. ., 1. .'. .

A...... .B .(Seal.)

C D (Seal.)


Which mortgage shall be acknowledged and recorded as is required by
law for other conveyances of real estate; the mortgagor paying the
expenses of acknowledgment and recording.

74. If default be made in the interest due upon money loaned by
any township treasurer, or in the payment of the principal, interest
at the rate of 12 per cent per annum shall be charged upon the principal
and interest from the day of default, which interest shall be included in
the assessment of damages, or in the judgment in the suit or action
brought upon the obligation to enforce payment thereof, and interest
at the rate of 12 per cent per annum may be recovered in an action
brought to recover interest only. The township treasurer is hereby
empowered to bring appropriate actions in the name of the trustees if or
the recovery of the interest, when due and unpaid, without suing for
the principal, in whatever form secured.

75. In all cases in which the trustees of schools shall require addi-
tional 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 principal and accrued interest to the date of
judgment. Proof shall be made of such requisition.

76. Bonds, mortgages, notes and other securities taken for money
or other property due, or to become due, to the trustees of schools for
the township, shall be made payable to them in their corporate name;
and in such name, suits, actions and complaints, and every description
of legal proceedings may be had for the recovery ?f money, 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 such

77. On or before the 30th day of June, annually, the township
treasurer shall deliver to the county superintendent of schools a state-
ment, verified by his affidavit, showing the exact condition of the township
funds. Such statement shall contain a description of all bonds, mort-
gages, notes and other securities held as principal of the township
fund, giving names, dates, amounts, rates of interest, when due, and
other data necessary to a full understanding of the condition of the

78. On the first Mondays in April and October of each year the
township treasurer shall submit to the trustees of schools a statement
showing the amounts of interest, rents, issues and profits on township
lands and funds, that have accrued since their last regular meeting,
and also the amount of distributive funds on hand. He shall submit
also to the trustees for their examination all books, mortgages, bonds,
notes and other evidences of indebtedness held by him as treasurer of the
township, and shall make such other statements touching the duties of
his office as the trustees may require.

79. The township treasurer shall present to the trustees of schools,
at their meeting following the annual election, a complete exhibit of the
fiscal affairs of the township, and of the several districts or parts of
districts in the township, showing the receipts of money, the sources


from which they have been derived, the deficit and delinquencies, if
there be any, and the cause of them, and also a classified statement of
moneys paid out, and the amount of obligations remaining unpaid,

80. The township treasurer shall, within two days after the first
Monday of April, and on July 15, annually, prepare for each district
or part of district in the township a statement or exhibit of the exact
condition of the account of such district or part of district, as shown by
his books on April 1 and June 30 of each year. Such statement or
exhibit shall show the balance on hand at the time of making the last
exhibit, the amount since received, when and from what sources; and
also the- amount paid out during that time, to whom paid, and for what
purpose, and the statement shall be balanced, and the balance shown. It
shall be the duty of the treasurer to comply with any lawful demand the
trustees may make as to the verification of any balance reported by the
treasurer to be on hand. The exhibit shall be subscribed and sworn to
by the treasurer before any officer authorized to administer an oath, and
shall be without delay, delivered or transmitted by mail to the clerk of
the proper district.

81. The township treasurer shall pay out no funds of any school
district except upon an order of the board of directors, signed by the
president and clerk, or by a majority of the board. When an order
issued for the wages of a teacher is presented to the treasurer and is not
paid for want of funds, the treasurer shall endorse it over his signature,
'"not paid for want of funds," with the date of presentation, and shall
"make and keep a record of such endorsement. Such order shall there-
after draw interest at the legal rate until paid, or until the treasurer
shall notify the clerk, in writing, that he has funds to pay such order,
and the treasurer shall make and keep a record of such notes, and hold
the funds necessary to pay such order until it is presented. Such order
shall draw no interest after notice is given to the clerk.

82. It shall also be the duty of the township treasurer :

First To return to the county clerk, on or before the second Monday
of August in each year, the certificate of tax levy made by each board of
school directors in his township.

Second To pay all lawful orders issued by the directors of any district
in his township.

Third To collect from the township and county collectors the full
amount of taxes levied by the directors in his township.

Fourth To examine the official records of each district in the town-
ship on the first Mondays in April and October of each year.

Fifth To keep a record account between districts when pupils are
transferred from one district to another.

Sixth -To give notice of the election of trustees, and in case of the
formation of a new school district, of the election of school directors.

Seventh To give notice of any regular or special district election
when the directors fail or refuse to do so.

Eighth To publish in some newspaper of his county an annual state-
ment of the finances of the township.

Ninth To file all poll books and returns of election delivered to him
Tinder the provisions of this Act.

83. When a district is composed of parts of two or more town-
ships, any treasurer not authorized to receive the taxes of such district
shall notify the directors of the amount of funds held by him to the
credit of such district, and the directors shall thereupon give the proper
treasurer an order for such funds.

84. The township treasurer, at the expiration of his term of
office, or upon his removal or resignation, or in case of his death his
representatives shall deliver to his successor all moneys, books, mort-
gages, notes and securities, and all papers and documents of every de-
scription in which the corporation has any lawful interest.


85. Upon petition of fifty or more legal voters of any school town-
ship, filed with the treasurer at least fifteen days preceding the regular
election of trustees, it shall be the duty of the treasurer to give notice
of an election to be held at the next regular election of trustees for the
purpose of voting "for" or "against" the proposition to establish a town-
ship high school. Notices of such election shall be posted in at least
ten of the most public places throughout the township, for at least ten
days before the day of such regular election, and may be in the follow-
ing form :


Notice is hereby given that on Saturday, the day of April, 1 ,

an election will be held at for the purpose of voting

"for" or "against" the proposition to establish a township high school for

the benefit of township number ........ range number The polls

will be opened at o'clock, m., and closed at o'clock



Township Treasurer.

The ballots of such election shall be canvassed as in other elections,
and may have thereon the name of the person or persons whom the
voter desires for trustee or trustees of schools.

86. If a majority of the votes cast shall be in favor of establish-
ing a township high school, it shall be the duty of the trustees of schools
to call a special election on any Saturday within sixty days, for the pur-
pose of electing a township high school board of education, to consist
of five members, notice of which election shall be given for the same
time and in the same manner as provided in the election of trustees of
schools. The members elected shall determine by lot, at their first meet-
ing, the length of term each is to serve. Two of the members shall serve
for one year, two for two years, and one for three years from the second
Saturday of April next preceding their election. At the expiration of
the term of office of any member or members, a successor or successors
shall be elected, each of whom shall serve for three years, which sub-
sequent election Fhall be held on the same day and in the same manner
as the election of trustees of schools. In case of a vacancv, the board
shall call an election without delay, to be held on anv Saturday. Within
ten davs after their election the members of th township histfi school


board of education shall meet and organize by electing one of their
number president, and by electing a secretary. It shall be the duty
of such high school board of education to establish, at some central
point most convenient to a majority of the pupils of the township, a
high school for the education 'of the more advanced pupils. .

87. Two or more adjoining townships, or two or more adjoining
school districts, whether in the same or different townships, may, upon
petition of at least fifty legal voters in each of the townships or school
districts, or if a school district contains fewer than 150 voters, then
by at least one-third of the legal voters of such district, and upon an
affirmative vote in each of such townships or districts, at an election held
pursuant to the provisions of section 85 of this Act, establish and main-
tain in the manner provided for township high schools, a high school
for the benefit of the inhabitants of the territory described in such

88. The inhabitants of any territory composed of parts of adjoin-
ing townships, who are now maintainiig a high school and who have
elected a board of education, may create such territory into a high school
district by a petition signed by fifty legal voters of such district and
an affirmative vote in such district, and may elect a board of education
therefor, a,s in other high school districts. When part of a township
has been included in a high school district pursuant to any of the pro-
visions of this Act, the remainder of such township not included in
any high school district, shall constitute a township for high school

89. Any school district having a population of two thousand
(2,000) inhabitants or more may, in the manner herein provided for
establishing and maintaining a township high school, establish and
maintain a high school for the benefit of the inhabitants of such school
district, and elect a board of education therefor with the same powers
conferred on township high school boards of education. The territory
of such district when so organized for high school purposes shall con-
stitute a high school district for high school purposes distinct and sep-
arate from the common school district having the same boundaries, and
the high school board of education of such high school district shall have
the same power to levy taxes and establish and maintain high schools
as township high school boards of education organized under this Act
possess, and such taxes shall be in addition to the taxes authorized to

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Online Librarystatutes Illinois. LawsThe school law of Illinois, enacted by the Forty-sixth General Assembly → online text (page 3 of 12)