included in the assessment of damages, in suits or actions brought upon the note or mortgage to enforce payment thereof, and interest at the rate aforesaid may be recovered in actions brought to recover interest only.

SEC. 43. School commissioners shall keep an interest ac- Interest acc't. count with each township, showing the dates and amounts of interest received and paid out, and at the end of every year this account shall be balanced by transferring interest not paid, or liable to be paid out, to the principal, and the interest thus transferred shall always thereafter be regarded and used as principal.

FOURTH DIVISION.

Organization of Common Schools, and application of interest.

profits

how

SEC. 44. The interest accruing upon township funds, and all profits arising from the use of township lands, and all Interest and rents received, shall be applied to the support and mainte- applied nance of common schools, which may be organized and kept according to law.

SEC. 45. Any number of inhabitants of one or more townships may associate themselves together and purchase not Association exceeding ten acres of land, and cause the same to be con- may purchase veyed to the trustees of school lands in the township wherein land the land is situated, by their corporate name, and place thereon a school house, together with any other buildings which they may deem necessary for the keeping in operation a common school, and for the encouragement of learning and science generally, and the said land and improvements

shall be held by the said corporation in perpetuity for the Lands held in use of the inhabitants associating and purchasing as afore- perpetuity said, and their successors and assigns forever, and the same shall not be diverted from the use intended, nor used for any purpose than as shall or may be directed by the persons for whose use the same may be held.

SEC. 46. There may be organized and kept in operation Fund to disas many common schools in each school district as the in- trict school. habitants thereof desire, and every teacher shall be entitled

to an equal proportion of the district funds according to the
time and number of scholars taught: Provided, That no Proviso
teacher shall be paid more than the amount agreed to be al-
lowed by the employers.

SEC. 47. Whenever a school shall be organized, the em

ployers of the teacher shall meet together at the school Appointment house and appoint three of their number as trustees of the of trustees school, and they may then agree upon the plan and manner of conducting the school, and vest the trustees with power to attend to the execution of such plan, or they may vest the trustees with power to superintend and direct the conducting and managing said school in such manner as they may deem

Proviso

best for the interest of the school; the trustees shall be appointed within ten days after the school shall have been opened, and their term of service shall continue during the continuance of the school: Provided, If the school shall be continued more than one year, trustees shall be elected at the commencement of each succeeding year. Duties of trus- SEC. 48. Trustees of schools appointed according to the foregoing section, shall attend the school from time to time, and see that the same is properly conducted; that the teacher keeps regular hours; that the school house is properly supplied fuel, and such furniture as may be necessary to the accommodation of the scholars; they shall also have special regard to the keeping of a schedule by the teacher in such manner as to entitle him to compensation out of the school funds.

tees

Teachers

ules

to

SEC. 49. Teachers shall make schedules of the names of make sched-all scholars attending their schools in the form prescribed by this act, and when scholars reside in two or more townships, separate schedules shall be kept for each township, and the absence or presence of every scholar shall be set down under the proper date and opposite the name, on every day that the school is open; the absence of a scholar shall be signified by the letter A, and the presence by the letter P.

SEC. 50. The schedule to be made and returned by the teacher, shall be, as near as circumstances will permit, in the following form, viz:

Certificate of

teacher

Form of certifieate of trus

tees.

SEC. 51. The teachers shall certify to the correctness of the schedule. This certificate shall be as near as circumstances will permit, in the following form: "I certify that the foregoing schedule of the names of the scholars therein named, residing in township is cor

range

day of

rect. Given under my hand this
in the year of our Lord one thousand eight hundred and
J. K., Teacher."

SEC. 52. The form of certificate to be added by the trus tees, shall be, as near as circumstances will permit, in the following form, to-wit:

STATE OF ILLINOIS,
County of

}

We certify that at a meeeting of the employers of A. B., the above named Teacher, held at

we were

pursuant to notice on the day of in the year duly appointed trustees of said school, that we have performed the duties of such trustees by visiting said school, and superintending the same; that we have examined the foregoing schedule, and find the same to be correct; that the scholars named therein were at the dates of their attendance, residents of township sixteen north, range five west of the third principal meridian, and that there is due to said teacher for instructing the scholars named in said schedule at the times therein mentioned, the sum of Witness our hands and seals this

cents.

dollars and

day of

C. D.

184 Trustees

Close of sche

chers.

SEC. 53. In closing schedules by teachers, they shall make dules by tea- a list of the names of the scholars attending the school in each district, then add together the number of days which each scholar has attended the schools, and set down the total number of days opposite the names of such scholars, he shall then add together their several amounts, and set down the total number at the bottom of the schedule; and when schedules are thus closed, teachers shall certify to the correctness thereof; and the trustees of the school shall carefully examine such schedules, and after correcting any errors which they may discover, they shall make a certificate thereon, in which they shall state that they are trustees of the school, that they have, to the best of their skill and understanding attended to the duties of trustees, that they have examined said schedules, and believe them to be correct, and to have been faithfully kept. They shall also state the compensation agreed to be paid the teacher by the employers, and the amount due such teacher.

Township

fund, how payable.

SEC. 54. The township funds, subject to be used in paying teachers, shall be paid out half yearly, (viz:) on the second

Mondays of January and July, and schedules of schools shall be made so as to include the last days of December and June, and such period of time previous to those days, not exceeding six months, as schools may have been kept in operation.

schools

not

SEC. 55. In townships not incorporated, the schedules of Schedules of schools made and certified as herein required shall be pre-incorporated. sented to the school commissioner of the county on or before the first Mondays in January and July in each year, and said commissioners shall, as soon as may be, make an apportionment of the funds of each district subject to distribution, among the teachers thereof according to the number of scholars and number of days taught by each teacher, and pay the same to the teachers, or to the trustees of the school, for the use of the teacher, or when the teacher has been paid by the employers, the trustees shall receive the money for the use of the employers.

SEC. 56. The employers of the teachers shall agree upon Employers of the compensation to be allowed, and shall severally be bound teachers to pay their due proportions of the same; but in making dis- bound. tribution, or dividends of school funds among teachers, the same rate of compensation shall be allowed to each.

SEC. 57. When from any cause the trustees of a school Trustees failing to certify shall fail, neglect or refuse to certify to the correctness of a schedules. schedule kept by any teacher, five of the employers of the teacher may make the certificate required to be made by the trustees.

FIFTH DIVISION.

Incorporation of townships.

SEC. 58. The inhabitants of any congressional township Townships in the State may become incorporated for the purpose of or- may be incor ganizing and supporting common schools, and the trustees of porated. school lands appointed by the commissioners' courts, shall, so soon as the school lands of the township have been offered for sale, cause elections to he held in their respective townships to enable the inhabitants to decide for or against being incorporated under the provisions of this act; the time and place of the election shall be appointed by the said trustees, and notice shall be given by posting advertisements thereof at six of the most public places in the township, at least twenty days before the day of election, and if there be a newspaper published in the township, said advertisement shall be published in at least three numbers of said paper before the election. The trustees shall attend the election, and conduct the same, two of them acting as judges, and one as clerk. A poll book shall be opened with appropriate heading and co- Poll book. Îums, the names of the voters shall be taken down, and their votes for or against the incorporation of the township, set down in the proper column, so as to show how they voted. Every