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inhabitant of the township, who, at the time.of the election would have the right to vote for a representative to the General Assembly, shall be entitled to vote; the vote shall be taken vita roce. The poll shall be opened by nine o'clock in the morning, and shall not be closed until five o'clock in the evening, and if all the votes shall not have been taken by five o'clock in the evening the poll shall be continued open until all the votes are taken; and when the votes are all taken, the said trustees shall carefully add up the columns and ascertain and publish the result. They shall also verify the correctness of the poll book, by their certificate thereon endorsed and signed; and if it shall appear from the said election that a majority of all the legal votes given are in favor of being incorporated, the said trustees shall appoint the time and place for holding an election for trustees of said township, but if such majority does not appear from said election, no farther proceedings shall be had by the trustees, but the business of the township shall

remain as though no election had taken place. When subse- SEC. 59. Elections shall be held as required in the forequent elec- going section, previous to the lands in the township being ofheld.

be fered for sale, upon the written request of ten legal voters of

the township, and if, at any election held for the purpose of deciding upon the question of incorporation, the majority shall not vote in favor of being incorporated, subsequent elections shall be held upon the written request of twenty legal voters of the township, and the provisions of the foregoing section

shall be pursued at every such election. Judgegorelec. SEC. 60. In case any one or more of the trustees shall fail tion may be to attend any election, held under the foregoing sections, the appointed. one or more in attendance, shall select from the freeholders

and voters of the township, one or more persons to act in the place of those absent, and in case no one of the trustees at. tend, then three freeholders and voters of the township shall be selected by the voters present to act as trustees during the election; and persons selected as aforesaid shall perform the duties required of the trustees, and the proceedings shall be as

valid as if had, or done under the direction of the trustees.

of Sec. 61. When the inhabitants of a township shall have trustees. decided in favor of being incorporated, they shall elect five

trustees to superintend the business and affairs of the township in relation to schools and education. The trustees shall be legal voters and freeholders of the township, and if there be time, in the opinion of the trustees superintending the election, for the election of trustees to be held on the same day that the vote is taken upon the question of being incorporated, an election shall be held by the said trustees on the said day, for five trustees as aforesaid, and the vote shall be taken vida voce, and the persons having the highest number of votes, shall be elected; but in case there shall not be time to hold said election of trustees at the time aforesaid, the trustees shall hold said election within ten days thereafter, and shall give at least



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five days notice of said election, by posting notices thereof in at least four public places in the township.

Powers and duties of Trustees of Schools. SEC. 62. The five trustees elected under the provisions of Powers of the foregoing sections, shall be successors to the trustees of trustees. school lands, and shall have and exercise all the rights and powers, and duties of trustees of school lands; they shall be styled and known in law as “Trustees of Schools” of the township in which they are elected; and all rights of property, and rights and causes of action existing, or vested in the trustees of the school lands, for the use of the inhabitants of the township, or any part of them, shall vest in the "Trustees of Name & style Schools” as successors; and the said township shall, upon the election of trustees as aforesaid, be a body corporate and politic, by the name and style of trustees of schools of township range ,” according to the numbers, and the corporation shall have perpetual existence, and have the power to sue and be sued, plead and be impleaded, in all courts and places where judicial proceedings is or may be had or allowed; said trustees shall continue in office two years, and until others are elected and enter upon their duties.

SEC. 63. Upon the election of trustees of schools, the pull hoe trustees of school lands or the persons under whose superin- whom given.

Pöll books, to tendence the election was held, shall deliver to the school commissioner of the county, the poll books of both elections held by them, with a certificate showing the election of trustees, and the names of persons elected, which poll books with the certificates thereon shall be preserved, and shall be evi. dence of the incorporation of the township, as well as of the election of trustees.

SEC. 61. In townships incorporated as a foresaid, elections Biennial elec shall be held every two years for the five trustees of schools, tions for trusand at each election after the first, the trustees in office shall tees. appoint the time and place of holding the same, and two of the body shall act as judges, and one as clerk of such election, and notice of the time and place of the election shall be given by the treasurer, by posting notices thereof in four of the most public places in the township, at least twenty days bcfore the day of election, and the poll books of such elections, with certificates of election endorsed, shall be returned to the school commissioner of the county as required in relation to the first election.

Sec. 65. If any vacancy shall occur in the office of school van trustee in any township in this State, it shall be the duty of how filled. the treasurer of the township to give notice to the legal voters of the township by posting up written notices in three of the most public places in the township, that an election will be held to fill such vacancy; said notice shall be put up at least two weeks before the day fixed for such election, the said no.

tice to designate the time when, and place where such

election will be held. Township,

. SEC. 66. Trustees of schools shall have a general superinhow laid off. tendence over all schools kept in the township; they shall have

power to lay off the township into school districts, suited to the wishes, and convenience of a majority of the inhabitants in each district, distinctly describing the sanie by boundaries and name or number. To purchase libraries for the use of

schools, to provide for the protection and safe keeping of all By-laws. funds, and property of the township; to adopt by-laws direct

ing the mode of conducting schools, and defining and regulating the powers and duties of all officers and agents of the corporation; and also, to call meetings of the voters of the township, or of any school district therein, for the purpose of acting upon any question, or subject relating to schools, or

the cause of education in the township. Quarterly SEC. 67. The said trustees shall mcet quarterly at some meeting

of convenient place in the township for the transaction of busitrustees.

ness, at which meetings a majority shall form a quorum. Treasurer 10 SEC. 68. The said trustees shall, at their first meeting, apkeep journal. point some competent and qualified voter of the township as

treasurer of the board, whose duties shall be to keep a fair and regular journal of the proceedings, actings and doings of the trustees; recording at length all by-laws and any resolution adopted; to act as clerk of any meeting of the voters of the township, and record all the proceedings of such meetings; to receive and take care of, according to law, all the funds of the township, to loan the funds of the township, and pay out the interest for the support of schools; to keep regular accounts of the funds of the township, and to perform such other duties as may be prescribed by law, or

required by the trustees. · The treasurer shall continue in Term of office

office, until the expiration of the time of service of the trustees by whom he was appointed, and until the appointment of a successor; but shall be subject to removal by the trustees

at any time for any improper conduct. Treasurer 10 SEC. 69. Every treasurer appointed as aforesaid shall, begive bond.

fore entering upon his duties execute a bond with two or more freeholders as security, payable to the trustees of schools of the township for which he was appointed treasurer, in a sufficient penalty to cover all liabilities which may be incurred, conditioned that he will faithfully perform all the duties of treasurer of the trustees of schools in township , range

occording to the laws now, or which may hereafter be in force.” The security shall be approved by the trustees of schools; and the bond shall be filed with, and kept by the school commissioner of the county; and every treasurer appointed subsequent to the first, as herein provided, shall exe

cute bond with security, as is required of the first treasurer. When treas- SEC. 70. Whenever a township shall have become incorurer shall re- porated, and the bond of the treasurer approved and delivered

to the school commissioner, the said treasurer shall receive

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from the school commissioner, all money in his hands belong. ing to the 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 interests of the said township, and the receipt of such treasurer to the school commissioner shall be carefully preserved, and shall be in evidence of the facts therein stated, as well in favor of the school commissioner, as against the treasurer.

Loaning Township Funds. Sec. 71. Every treasurer of a township shall provide him- Treasurer to self with two well bound books, one to be called a cash book provide books and the other a loan book; he shall charge himself in the cash book with all money received, stating in the charge, from whom, on what account the same was received, and credit himself with all money paid, and loaned; stating in the credit to whom paid and on what account, or if loaned, to whom. He shall enter in the loan book, the name of every person to whom moncy is loaned; the amount loaned, the date of the loan, the rate of interest, the time when payable, the names of the securities, or if real estate be taken, a description of the same. He shall also provide a book, in which he shall record the actings and proceedings of the trustees and the proceedings of the inhabitants of the township when assembled in public meetings; which books shall at all times be subject to the examination and inspection of the trustees, and of any committee appointed by the inhabitants of the township to examine the same.

Sec. 72. In loaning township funds, and taking security Treasurer 10 therefor, treasurers shall be governed by the law prescribing loan fun and regulating the duties of school commissioner in relation to loans, and the rights and liabilities of persons borrowing money from treasurers, shall be the same as though the money had been borrowed of the school commissioners; notes, bonds, mortgages, and other securities taken for money or property due or to become due trustees of schools for the use of townships, shall be payable to the said trustees of schools, by the corporate name, and in such name, suits, actions and complaints, and every description of legal proceedings may be had for the recovery of money, the breach of contracts, and for every legal liability, which may at any time arise or exist, upon which a right of action may accrue, to the use of the corporation.

Sec. 73. The funds of townships shall be kept loaned at Funds kept interest by the treasurers, and the interest arising from the loaned. funds shall be used under the direction of the trustees in paying teachers of schools; but whenever money is paid to the Interest, how treasurer, it shall be forthwith loaned, whether it consists of disposed of. interest or principal, unless the interest shall be required for the use of teachers, within twenty days from the date of its reception, in which case it shall be retained for such use.


Interest ac. Sec. 74. Treasurers shall keep a separate account of in

terest received and loaned out, and if, at the end of any year, the whole interest shall not have been applied to the support of schools, the amount not applied shall be added to the principal, and shall always thereafter be considered in all respects

as principal. Quarterly

Sec. 75. At any [every) quarterly meeting of the trustees statement.

the treasurer shall exhibit to them a statement of the condition of the funds of the township; and an examination shall be made of the cash and loan book, and interest account; and of the notes, mortgages, and all securities and papers pertaining to the business or funds of the corporation.

Sec. 76. On the first days of July and January, of every Statement of year, or if that day shall be the Sabbath, on the succeeding interest.

day, the treasurers shall state the interest account, so as to ascertain the amount of interest then due on the funds; and the amount so found to be due shall be subject to distribution,

for the support of schools; and if the treasurer shall not have Funds subject tha

ect the amount on hand, the same shall be paid out of the first moto distribution

neys received. The trustees shall attend on the said days, and assist in making said interest account, and see that it is correctly made.

Sec. 77. When a treasurer shall resign or be removed or When treasurer resigns. superseded in office, he shall pay over to his successor all mo

ney on hand, or which ought to be on hand, and deliver over all the books, notes, bonds, mortgages, and all other securities for money, and all other papers, books and documents of every

description to the township, or in which the corporation may Securities of have any interest whatever. And in case of the death of a treas’r bound. treasurer, his securities and legal representatives shall be

bound to comply with the foregoing provisions of this section.

Sec. 78. The mode of organizing and keeping in opera

tion common schools in townships incorporated, the appoint. Organization ment of trustees for each school, the keeping and certifying of common schools.

schedules, shall be the same as is provided for in townships not incorporated, except that the schedules of schools shall be returned to the treasurers of townships, instead of the school

commissioner of the county. Abstract of



SEC. 79. Treasurers of townships shall, before the second schools made Mondays in January and July of every year, make abstracts by treasurer from all the schedules of schools returned to them, showing the used by trus- noma tees in distri.

name of each teacher, the total number of scholars attending buting funds. each school, and the total number of days taught by each

teacher, to be used by the trustees in dividing the school funds.

Sec. 80. The trustees of schools shall call a meeting of the Annual m et- inhabitants of every township incorporated under the proviing of inhabi-sions of this act, once in every year, for the purpose of exhitants.

biting statements of the condition of the school funds of the township, and giving information concerning the state of the schools, and of the measures adopted by the trustees in the

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