SCHOOL FUNDS-COMMON SCHOOLS. ACT to provide for the equitable distribution of school funds in Effing- SECTION 1. Be it enacted by the people of the state of Illinois, re- This act to be in force from and after its passage. L AN ACT to establish and maintain common schools. 153 COMMON SCHOOL LANDS. lands. SECTION 1. Be it enacted by the people of the state of Illinois, school school Business in the county with the largest portion of the land. ring timber. Mode of prosecu 2. All the business of such townships, so far as relates to mon school lands, shall be transacted in that county which conall, or the greater portion of said lands. If any person shall, dout being duly authorized, cut, fell, box, bore, destroy, or carry Penalty for injuy any tree, sapling or log, standing or being upon any Is, such person shall forfeit and pay for every tree, sapling or so felled, boxed, bored, destroyed or carried away, the sum of at dollars; which penalty shall be recovered, with costs of suit, Action of debt or assumpsit, before any justice of the peace hav- tion. jurisdiction of the amount claimed, or in the county or circuit at, either in the corporate name of the trustees of schools of the ship to which the land belongs, or by action qui tum, in the e of any person who will first sue for the same-one-half for use of the person suing, the other half to the use of the townaforesaid. When two or more persons shall be concerned in same trespass, they shall be jointly and severally liable for the alty herein imposed. Every trespasser upon common school Penalty for tress shall be liable to indictment, and upon conviction, fined in pass. e times the amount of the injury occasioned by said trespass, ¿shall stand committed as in other cases of misdemeanor. All Fines, how ap lties and fines imposed under the provisions of this section propriated. Proviso. Secretary his duties. state shall be paid to the township treasurer, and be added to the principal of the township fund: Provided, that when recovered by action qui tam, one-half only shall be paid. STATE SUPERINTENDENT-HIS DUTIES. § 3. The secretary of state shall be ex officio state superintenex officio state dent of common schools. He shall counsel and advise, in such superintendent, manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools, and the most approved text books, maps, charts, apparatus, &c., to be used in common schools. Address circulars Recommend § 4. Said superintendent shall have the supervision of all the common schools in the state, and shall be the general adviser and assistant of school commissioners in the state. He shall from time to time, as he may deem for the interest of schools, address circular letters to said commissioners, giving advice as to the best manner of conducting schools, constructing school houses and procu books, charts, ring competent teachers. He shall recommend the most approved text books, maps, charts and apparatus, and shall urge uniformity in the use of the same, as well as in the manner of conducting common schools throughout the state, and shall use his influence to reduce to a system of practical operation the means of supporting common schools in the state. § 5. The state superintendent shall, before the fifteenth day of December of every year in which shall be holden a session of the general assembly, report to the governor the condition of common schools in the several counties of the state; the number of schools in each county; the number taught by males; the number taught by females; the number of scholars in attendance, and the number of white persons in the county under twenty-one years of age; the amount of township funds; the amount annually expended for schools; the amount raised by an ad valorem tax; the number of school houses; together with such other information and suggestions as he may deem important in relation to the school laws, and the means of promoting common school education throughout the state; which report shall be laid before the general assembly at each regular session. SCHOOL COMMISSIONERS-THEIR ELECTION AND DUTIES. § 6. On the Tuesday next after the first Monday in November next, and on the Tuesday next after the first Monday in November, every two years thereafter, there shall be elected, by the qualified voters of each and every county in this state, a school commissioner, who shall execute the duties herein required. He shall, before entering upon his duties, execute a bond, payable to the people of the state of Illinois, with two or more responsible freeholders as security, to be approved by the county court, in a penalty of not less than twelve thousand dollars, to be increased at the discretion of said court, in proportion to his responsibilities, conditioned that he will faithfully perform all the duties of school commissioner of said county, according to the laws which are or may be in force; by which bond the obligors shall be bound jointly and severally, and upon which an action or actions may be maintained by trus tees of schools of the proper township, for the use of any township or fund injured by any breach thereof; and joint action may be had for two or more funds. § 7. The bond required in the foregoing section shall be in the following form, viz: State of Illinois, county.} SS. Form of school commissioners Know all men by these presents, that we, A B, C D, and E bond. F, are held and firmly bound, jointly and severally, unto the people of the state of Illinois, in the penal sum of -dollars, to 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. 184. The condition of the above obligation is such, that if the above bounden A B, school commissioner of 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 over to his successor in office, all moneys, books, papers, and property in his hands, as such school commissioner, then this obligation to be void; otherwise to remain in full force and virtue. Contested elec Vacancy. § 8. All contests in relation to the election of school commissioners shall be decided as in relation to the sheriffs and coroners; tions of commis. and when any vacancy shall occur in the office of school commis- sioners. sioner, the county clerk shall give ten days' notice of the time and place of holding an election to fill such vacancy. He shall be elected by the legal voters of the county, and shall give bond and security as required in section seven hereof, The school commis- To sioner shall attend to the collection of all demands in favor of the mands, and apseveral townships of his county, or settling the accounts of trustees, and when necessary, to the prosecution of suits for the recovery of demands in favor of townships; and all moneys collected shall be applied as required by law. § 9. The said commissioner shall be liable to removal by the county court for any palpable violation of law, or omission of duty, and if a majority of said court shall at any time be satisfied that his bond is insufficient, it shall be his duty, on notice, to execute a new bond, to be payable, conditioned and approved as the first bond; the execution of which shall not effect the old bond, or the liability of the security thereon. collect ply same. de To be subject to removal, or give new bond. § 10. The said commissioner shall provide three well bound Provide books and books, to be known and designated by the letters, A, B, C, for the make record. following purposes: In book A, he shall record, at length, all pe- Form of record. titions presented to him for the sale of common school lands, and the plats and certificates of valuation made by or under the direction of the trustees of schools, and the affidavits in relation to the same. In book B he shall keep an account of all sales of common school lands; which account shall contain the date of sale, name of purchaser, description of lands sold, and the sum sold for. In book C, he shall keep a regular account of all moneys received for lands sold, or otherwise, and loaned or paid out; the person of whom received, and on what account, and showing whether it is principal or interest; the person to whom loaned, the time for which the loan was made, the rate of interest, the names of the securities, when personal security is taken, or if real estate be taken as security, a description of said real estate, or if paid out, to whom, when, and on what account, and the amount paid out; the list of sales, and the accounts of each township fund to be kept Books, how paid separate. Said books shall be paid for out of the county treasury of the counties in which they are used. for. Commissioners to bond of town And deliver township funds. § 11. Whenever the bond of the township treasurer, approved receive and file by the trustees of schools, as required by law, shall be delivered ship treasurer. by said trustees of schools, or either of them, to the school commissioner, he shall receive and file the same with the papers of his office. He shall then, on demand, deliver to said township treasurer, who shall receipt therefor, all moneys in his hands belonging to said township; also, all bonds, mortgages, notes, and securities, of every description, for money or property due or to become due the township, and all papers of every description, belonging, or in anywise pertaining, to the rights or interest of said township; and the receipt of said treasurer to the school commissioner shall be carefully preserved, and shall be evidence of the facts therein stated, as well in favor of the school commissioner as against the township treasurer. Apportion am't tio of children. § 12. Upon receipt of the amount due upon the auditor's wardue in auditor's rant, as provided in section eighty hereof, the school commissioner warrants in ra- shall apportion said amount (except the two per cent. allowed said commissioner, as in section eighty-four hereof,) to the several townships and fractional townships in his county, according to the number of white children under the age of twenty-one years, and shall pay over the distributive share belonging to each township and fractional township as aforesaid, to the respective township Co. school fund treasurers, or other authorized persons, annually. When there is a county school fund in the hands of any school commissioner, it shall be loaned, and the interest applied as provided in this section with respect to the interest on the state fund. to be loaned. Com'r ex officio Το examine teachers. § 13. Each and every school commissioner shall be ex officio superintendent. Superintendent of common schools in his county, and shall, by himself or some other qualified person, as often as practicable, visit To visit schools. all the townships in his county, inquire into the condition and manner of conducting schools in the same, and use his influence to carry out the system proposed by the state superintendent. He shall, also, by himself, or with such person or persons as he shall associate with him, upon application, examine all persons proposing to teach a common school in any township in his county, in relation to his or her moral character, and touching his or her qualifications properly to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, and the history of the United States; and if he shall find such person of good moral character, and qualified properly to teach all the aforesaid branches, he shall give such person a certificate of qualification; good which certificate shall be good and valid in said county for one year, from the date thereof; but the directors of any school district may, under their hands as directors, request the proper examining Qualification teachers. Certificate for one year. of may examine upon any speci give certificate branches. officer or officers of their township to examine any teacher propo- Township officers sing to teach a common school in their district, upon any of the above specified branches, and to give a certificate of qualification fied branch, and to teach the branches specified in such request, if such teacher for specified shall be found qualified to teach such branches; which certificate, when given, shall be as good and valid to all intents and purposes in the district of such directors as if such teacher had received the proper certificate for all of said seven branches; or a certificate may be given as provided in section forty-six hereof. The said Duty of superinschool commissioner shall also, by the first day of November be- to report to state fore each session of the general assembly, communicate to the state superintendent. superintendent all such information upon the subject of common schools in the county, as the state superintendent is bound to embody in his report to the governor, and such other information as the state superintendent shall require. The certificate to the teacher may be in the following form, viz : I, school commissioner of tendent of co. to Form of certifi county, having examined A B, do certify that he (or she) sustains a good moral cate. character, and that he (or she) is well qualified to teach the following branches, viz: orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, and the history of the United States, Witness my hand, this day of 18 , C D, School Commissioner. over books, papers, &c. [§ 14. The school commissioner, upon his removal or resigna- Com'r to deliver tion, or at the expiration of his term of service, (or in case of his death, his representatives,) shall deliver over to his successor in office, on demand, all moneys, books, papers and personal property, belonging to the office, or subject to the control or disposition of the school commissioner.] for. Notes, mortga § 15. The school commissioner may loan any money, not in- Com'r may loan terest, belonging to the county fund, or to any township fund, be- money not called fore the same is called for according to law by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in relation to the township treasurers; and notes and mortgages, taken in the name of the "school commissioner" of the proper county, shall be, and ges, &c., to be all loans heretofore made in the name of "school commissioners,' are hereby declared to be as valid as if taken in the name of "trustees of schools" of the proper township, and suits may be brought in the name of "school commissioners," on all notes and mortgages heretofore or hereafter made payable to school commissioners. to apply for sale. § 16. When the inhabitants of any township or fractional town- School lands, how ship shall desire the sale of the common school land of the township or fractional township, they shall present a petition to the school commissioner of the county in which the school lands of the township, or the greater part thereof, lie for the sale thereof; which petition shall be signed by at least two-thirds of the white male inhabitants of the township or fractional township, of and over twenty-one years of age. The signing of the petition must be in Petition. |