and apply to the use of the school, any donation of money, books, maps, globes, stationery, or other articles necessary or useful for schools.

vice.

The term of service of such trustees shall expire on the second Monday of November annually, when a new Term of serappointment shall be made in the manner provided in this section; and all vacancies in said office shall be filled in the same manner.

make a sched

SEC. 4. The teacher shall make a schedule of the names of all scholars attending his school, who reside Teacher shall within the township to which the school fund belongs, ule of the from the interest of which he wishes to obtain a part of names of his his compensation; and on every day on which a school scholars. shall be kept by him, he shall set down under the proper date, and opposite the name of each scholar, the attendance or absence of such scholar. Immediately after the close of the month of October, or sooner, if his school shall have come to a close, said teacher shall add together the number of days which each scholar residing in the proper township shall have attended his school, and set down the total number of days opposite the name of such scholar he shall then add together their several amounts, and set down the total number at the bottom of the schedule; and this total number, after the schedule. shall have been examined; and if necessary, corrected by the school commissioner, shall be the criterion by which he shall be governed in making the apportionment aforesaid; but no such schedule shall be taken into consideration unless it shall be accompanied by a certificate from a majority of the trustees of the school, or from five of the employers of said teacher, setting forth that they verily believe said schedule to be correct, and that said teacher has, to the best of their knowledge and belief,given gratuitous instruction in his said school, to all such orphans and children of indigent parents residing in the vicinity, as had been presented for that purpose by the trustees of said school. If any school shall contain scholars residing in two or more different townships, cach possessing a productive school fund derived from their school lands, the teacher of the school in order to become entitled to a share of the interest of each of said township school funds, shall make separate schedules of the names of his scholars residing in each of said townships, and make return thereof to the school commissioner of the county in which such township, or the larger part thereof, shall be situated. In making the apportionment authorized by the foregoing part of this act, no services of any teacher shall be taken into consideration, except

interest of the school fund in

eral teachers

entitled thereto.

such as shall have been rendered between the last day of April and the first day of November of the present year. SEC. 5. On the second Monday of November, in the Commissioner year one thousand eight hundred and thirty-four, or withto apportion the in one week thereafter, and at the same time in each succeeding year, each school commissioner shall proceed his county to apportion the interest derived from each township among the sev- school fund in his county, among the several teachers entitled to the same. In all cases where such interest is not required to pay the expenses incident to the survey and sale of the school lands, and the management of the fund, such apportionment of interest shall be made among the several teachers entitled to it, according to the number of their scholars residing in the township' possessed of such school fund, and the number of days each of said scholars shall have been instructed by such teacher, within the twelve months immediately preceding the month in which such apportionment is hereby required to be made, to be ascertained in the mode pointed out in the fourth section of this act.

same to said

teachers.

SEC. 6. As soon as the apportionment of moneys proShall pay the vided for by this act shall have been made, the school commissioner shall pay to each of the teachers, on his demanding the same, the share to which he shall be found entitled, taking his receipt for the same, and charge the same to the school fund of the proper township.

Compensation,

Trustees shall certify the amount due the teacher.

All money in

the hands of trustees or

others shall be

paid over to the commissioner.

SEC. 7. As a compensation for apportioning and paying out money as directed by this act, the school commissioner shall be entitled to retain two and a half per centum on all sums thus apportioned by him.

SEC. 8. The trustees, employers, who shall certify to the correctness of the schedule of the teacher, shall also certify the whole amount due to such teacher, and the commissioner, if that amount be due and coming to his share, shall pay the same; and the employers, should there be a balance due said teacher, shall pay the same in such manner as they shall agree.

SEC. 9. All moneys now in the hands of trustees of school lands, in any township, or in the hands of other individuals, bound out, or otherwise, shall be paid over to the commissioner appointed by the county commissioners' court to sell school lands, and it is hereby made his duty to call them to account for all moneys, and on failure, to sell and collect the same of the said trustees, or others, so that all the funds which have accrued, and which have not been lawfully and fairly expended, belonging to each and every township, and all rents or moneys which, from year to year, or time to time, shall

hereafter arise, over and above the allowances for services to trustees, and incidental expenses, shall be promptly paid over to said commissioner, who shall give them proper vouchers or receipts for the same; and all notes, mortgages, and claims assigned over, shall be by him, in his name, for the use of the inhabitants of the township, sued for and collected. Any trustee, or other township officer, who shall have money in his possession belonging to the township, and shall not, on demand, pay the same over, shall, from that time on until the same shall be collected, pay an interest thereon, at the rate of twelve per cent. per annum.

themselves for

may borrow

township.

SEC. 10. Whenever there shall be in the hands of any Inhabitants of school commissioner, any moneys received by him in pay- any township, ment for school lands or rents, belonging to any township associating in this state, it shall be lawful for any number of the citi- the purpose of zens of said township, not less than five, (three of whom erecting a at least being freeholders of the township,) who shall as- school house, sociate themselves together for the purpose of erecting a from the comschool house in said township, to borrow on personal missioner the security, and at an interest of six per cent. per annum, money belongpayable yearly, any portion of such moneys, not exceeding to said ing two hundred dollars, to any one association of persons: Provided, That such borrowers shall bind themselves to erect a good brick, stone, or frame school house in such township, within one year from the time of receiving the loan, and after the first year to cause a schoc' to be kept in said school house, at least three months in each calander year, until the said loan shall be repaid; and to repay said loan with the interest, and with a penalty of twenty of five per cent. upon the amount of said loan, if they shall fail to erect such school house within the period aforesaid, or if they shall not cause a school to be kept therein, for at least three months in each calendar year thereafter. Said loan may be made for two years, and may be renewed every second year until the expiration of ten years from the commencement of the loan, when the same shall be repaid. The school commissioner may at any time require additional security, and on failure to furnish the same to the satisfaction of said commissioner, he may proceed to collect the princi pal and interest of the loan.

the lands to be

SEC. 11. So much of the law now in force as requires Law requiring that school lands shall be by the trustees valued and ap-valued by the praised, and that the school lands shall be sold during the trustees repealsetting of the circuit court of the county, or when the ed.. court should be in session, be, and the same is hereby repealed; and the lands shall be advertised for the length

Acts repealed.

of time now required, and shall be sold at the court house, or place of holding courts, for the highest and best price that can be had, without any regard to valuation: Provided, That the same shall bring one dollar and twenty-five cents per acre; if the same will not bring that sum, there shall be no sale.

SEC. 12. The eleventh section of the act, approved February 17, 1827, entitled "An act relating to the school lands," and all other acts and parts of acts coming within the purview of this act, are hereby repealed. This act shall be in force from and after the last day April next.

APPROVED, March 1, 1833.

In force June 1, 1833.

School lands may be sold on a credit.

Purchaser

shall give mort

gage and personal security

AN ACT authorizing a credit on sales of School Lands.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That whenever the inhabitants of a township, petitioning for the sale of the sixteenth section, shall be of opinion that their interest would be promoted by selling said section on a credit, they may represent the same in their petition; whereupon, it shall be the duty of the commissioner to sell said lands on a credit of one, two, and three years, the purchaser giving a mortgage on the land, and good personal security for the payment of the purchase money, to be approved of by the county commissioners' courts respectively. This act to take effect from and after the first day of June next.

APPROVED, Jan. 12, 1833.

In force Feb. 22, 1833.

Leases confirmed.

AN ACT confirming certain leases of School Lands.

Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all leases of sections, or parts of sections, numbered sixteen, in the several townships of this state, and set apart for school purposes, executed under the "Act relating to school lands," approved February 17, 1827, prior to the first day of July, 1831, shall be, and they are hereby confirmed to the lessees therein, and shall be deemed and taken as conferring and granting to them all the rights and privi

leges stipulated in said leases, in conformity with the said act, any other law or parts of laws to the contrary notwithstanding.

APPROVED, Feb. 22, 1833.

AN ACT concerning the School Fund.

In force Feb. 13, 1833.

of school fund

bank at St.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the commis- Commissioners sioners of the school fund be, and they are hereby requi- authorized to red, to draw for, and receive the whole amount of the draw for the school fund belonging to this state, and now deposited in same on the the branch of the United States' bank, at St. Louis, and Louis, and dedeposit the same forthwith in the treasury of this state. posit it in the SEC. 2. The treasurer is hereby required to receive treasury of the the said money, and give a receipt for the same; and the said school fund shall be applied for the payment of any Treasurer redemands that may be against the treasury, in the same quired to remanner as funds derived from the ordinary sources of rev-ceipt for said enue; and so long as said fund is thus used, it shall be funds. entitled to receive from the state an interest at the rate of six

per cent. per annum.

APPROVED, February 13, 1833.

state.

ceive and re

SECRETARY OF STATE.

AN ACT defining and regulating the duties and term of service of the Secretary of State.

In force Feb. 14, 1831.

SEC. 1. Be it enacted by the people of the state of IlliShall keep the nois, represented in the General Assembly, That the secreseal, and shall tary of state shall be keeper of the scal of the state: he reside at seat shall reside and keep his office at the seat of govern- of government. ment: he shall provide suitable books for that purpose, His duties. and shall keep a fair register of all the official acts of the governor; and when required, shall lay the same, and all papers, minutes, and vouchers relative thereto, before either house of the general assembly: he shall also procure the necessary books, stationery, and presses for the safe deposit of the archives of his said office; which shall be certified by the governor to the auditor of public accounts, who shall issue his warrant on the state treasurer