paid to the teachers or directors, in proportion to the number of resident scholars attending school, or the school directors shall make such distribution as to them may appear just and equitable.

SEC. 99. Whenever the situation of the settlements is Portions of districts shall such as to make it expedient that a school district shall comunite for prise portions of two or more incorporated townships, such

district may be established and its boundaries defined and altered by the concurrent action of the trustees of the several townships in which such school district is comprised.

Sec. 100. School directors of districts which are compoParts of dis. sed of parts of two or more counties or townships, shall make tricts to re-matund of the number a ceive portion returns of the number o

returns of the number of white children in each fractional of funds. part of 'said district to the 'treasurer of the proper towaship,

and shall perform the same duties that are required to be performed by other school directors, and each fractional part of such district shall receive its respective portion of all money arising or pertaining to the county or township to which such

fractional part properly belongs. Directors ma

SEC. 101. School directors, or either of them, failing to king false re- make returns of the number of children in their district acturns. cording to the provisions of this act, or if either of them

shall knowingly make a false return, the party offending shall be liable to a penalty of not less than ten, nor more than one hundred dollars, to be recovered before any justice of the peace within the precinct, in the name of the “trustees of schools,” and which penalty, when so collected, shall be ad.

ded to the township fund. Citizens to SEC. 102. In all cases when the township funds can be bave prefer- safely loaned, within the limits of the township, the citizens

thereof shall have the preference, and it shall be the duty of

the treasurer to loan out the funds to residents of the townProviso. ship in sums not exceeding one hundred dollars: Provided,

That actual purchasers of school lards may borrow sums over one hundred dollars.

Sec. 103. In all cases of purchase or donation of land on Conveyance which to erect school houses, the conveyance shall be made of lands.

to the trustees of schools, and their successors in office.


Ferries, Public Highways, fc.

Exclusive right.

SEC. 104. That whenever it shall be considered necessary to establish a ferry across any lake, river, creek, or other water course, within the limits or upon the borders of this State, at any point or place where such lake, river, creek or, other water course shall pass through or upon any common school land, or shall form a boundary line of such land, the exclusive right to establish and keep in operation such ferry, shall be in the township or fractional township, for the use of the inhabitants, of which such school lands are or may be held: Provided, That where the school lands are bounded by the stream and situated entirely on one side thereof, the ex



clusive right hereby vested shall only extend to the establishment of a ferry from the side on which the land is situated, but the ferry privilege on both sides may be granted by the proper authorities to the township or fractional township aforesaid.

Sec. 105. If the township or fractional township having When fe the right to establish a ferry according to the foregoing shall be gransection, shall have been, or be incorporated, then the ted. ferry license shall be granted to the corporation, and all the rights and emoluments pertaining to, or growing out of the license and privilege, shall be enjoyed forever; but if there be no such incorporation, the license should be granted to the trustees of school lands, appointed by the commissioners' courts, to be held by them until the incorporation, when the license and all the ferry rights granted or existing shall vest in the corporation, to be held and enjoyed as aforesaid.

Sec. 106. Ferry privileges granted or obtained under the foregoing provisions, shall be leased in the same manner as Ferry privicommon school lands, and the rents shall be collected and leges. applied in the same manner and to the same objects as rents of land.

Sec. 107. When any public road, canal, or other public work, shall be laid out or constructed over or upon any com. Damages asmon school land, so as to injure the same, or lessen the value thereof, damages shall be assessed and paid to the extent of the injury, to the trustees having the care and supervision of the land, for the use of the township interested; and the proceedings in assessing the damages shall be had under the laws of the State, providing for such assessments in reference to the lands of individuals or private corporations. The trustees having the charge or supervision of the land, shall be the party to the proceedings, representing the rights and interests of the townships or inhabitants represented. And the right Right of way, of way for roads, canals and other public works, over and upon common school lands, shall and may be obtained by the proper authorities, by instituting proceedings against trustees; or trustees may obtain damages arising from the opening or using lands for any road, canal or other public improvement, under and according to the laws regulating the right of way.

Acts repealed. Sec. 108. The following acts and parts of acts are hereby repealed:

5 An act to prevent truspassing by cutting timber," approved, seventeenth February, one thousand eight hundred and proft nineteen, so far as it relates to sections number sixteen. 1819, repealed 6 An act relating to schools," approved, seventeenth Feb

- Feb. 17, 1827 ruary, one thousand eight hundred and twenty-seven.

“An act to prevent persons from trespassing on seminary

f Feb 17

Jan. 26, 1826. and school lands,” approved, twenty-sixth of January, one

thousand eight hundred and twenty-six, so far as it relates to section number sixteen.

6 An act authorizing the sale of section number sixteen, or Jan. 22, 1829. such lands as may be granted in lieu thereof, to the inhabi

tants of such townships for the use of schools," approved, twenty-second of January, one thousand eight hundred and

twenty-nine, and the act amending the same, approved, fifFeb. 15, 1831. teenth of February, one thousand eight hundred and thirty

one. Mar. 1. 1833. “An act to provide for the application of the interest of the

fund arising from the sale of school lands belonging to the several townships in this State," approved, first March, one

thousand eight hundred and thirty-three. Feb. 12, 1833. “An act authorizing a credit on sales of school lands," ap

proved, twelfth of February, one thousand eight hundred and

thirty-three. Feb. 22, 1833.

“An act confirming certain leases of school lands," appro.

“An act co ved, twenty-second February, one thousand eight hundred

and thirty-three. Feb. 12, 1835. “An act providing for the security of the school funds," ap

proved, twelfth February, one thousand eight hundred and

thirty-five. Feb. 7. 1835. “An act to amend the act entitled An act to provide for

the application of the interest of the fund arising from the sale of school lands belonging to the several townships in this State,'" approved, first March, one thousand eight hundred and thirty-three, approved, seventh February, one thousand

eight hundred and thirty-five.' Jan. 16, 1836. “An act to provide for the distribution and application of

the interest on the school, college and seminary funds,” approved, seventh February, one thousand eight hundred and thirty-five, and the act amending the same, approved, six

teenth January, one thousand eight hundred and thirty-six. Mar. 4, 1837. "An act to amend the several laws in relation to common

schools," approved, fourth March, one thousand eight hun

dred and thirty-seven. 27. 1839. “An act in addition to the several acts authorizing and

regulating the sale of school lands," approved, twenty-sev.

enth February, one thousand eight hundred and thirty-nine. Feb. 16, 1839

9. “An act authorizing ferries on school lands, for the use of 'the inhabitants of townships," approved, sixteenth of Febru

ary, one thousand eight bundred and thirty-eight, [1839.] Feb. 3, 1840. "An act further to amend the several acts in relation to

common schools,” approved, February third, one thousand eight hundred and forty.

Operation, construction and effect of this law. Com’rs, &c. Sec. 109. School commissioners appointed heretofore,

*shall continue in office until superseded according to the pro

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visions of this act, and their duties, responsibilities and pow-
ers shall be governed by the provisions herein contained.
Trustees of school lands heretofore appointed by county com-
missioners' courts, shall also continue to discharge the du-
ties of their appointments, and shall hereafter be governed
and bound by this act. Townships heretofore incorporated,
shall, without any further action or proceeding, be considered
as incorporated according to the provisions of this act, and
the trustees and other officers shall continue to discharge
their duties until superseded by elections or appointments,
but the rights, powers and duties of all such officers shall be Lights

ties of officers. regulated by the provisions hereof. Leases of school lands shall remain valid, and be executed according to the laws under which they were made. Common school lands, valued and offered for sale, and remaining unsold, shall be sold upon the terms prescribed in this act. All contracts made under the laws hereby repealed, shall remain valid, and all rights, remedies, defences, and causes of action existing, or which may hereafter arise or exist under or by virtue of said repealed laws, shall continue and reinain valid, and shall be enforced clared valid. notwithstanding the repeal of said laws...

Approved, February 26, 1841.

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An ACT to legalize certain proceedings of the inhabitants and trustees of Schools for township thirty-five north, range ten east, in Will county.

In force, Feb. Sec. 1. Be it enacted by the People of the State of Illinois, rep- 26, 1841. resented in the General Assembly, That the resolution adopted by the inhabitants of township thirty-five north, of range ten east, in Will county, at their annual school meeting, in the year one thousand eight hundred and thirty-nine, held in obedience to "An act to amend the several acts in relation to common schools,” approved, March fourth, one thousand eight hundred and thirty-seven, which directed the trustees of Acts of trasschools for said township, upon application of a majority of tees declared the taxable inhabitants of any district in said township for legal that purpose, to assess an amount not exceeding seven hundred dollars upon the taxable property in such district, according to the assessment roll of the current year, as return. cd to the county commissioners' court, and all proceedings of the trustees of schools in said township in assessing such taxor taxes, upon such application or applications, be, and the same are hereby declared legal; and the collector, appointed by Powers of colthe trustees of schools for said township, shall have the same lector authority in the collection of any taxes or school bills legally assessed by said trustees of schools, as collectors of counties have. Sec. 2. And be it further enacted, “That the trustees of

Trustees to schools for said township, shall have the power, and it is made sell Jands their duty, to sell all lands which may come into their hands


upon the foreclosure of mortgages upon executions in their favor, either at public or private sale: Provided, always, That if at auction, at least six weeks' notice shall be given of such sale, in some public newspaper: And provided further, That no sale shall be niade for less than cost, taxes, judgment and interest.

Approved, February 26, 1841.

An ACT to provide for the levying of taxes for school purposes in

the town of Griggsville, Pike County. In force, Feb. 27, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever twenty of the legal voters of school district number five, in township four south, range three west, in the county of Pike, shall deem it necessary to build a school house in said district they may request the school directors to call a meeting of the

legal voters within said district. The school directors may Tax for school and they are hereby authorized to call said meeting by postpurposes ing up five notices at five of the most public places in the dis

trict, of the time when, and the place where such meeting shall be held, at least fifteen days before the time of meeting. Two of the school directors shall preside at said meeting and one act as clerk, and if a majority of the legal voters in said district shall vote to levy a tax for the purpose of building a school house in said district, then a vote shall be taken as to the sum to be levied, and the vote shall be taken on the highest sum first, and so down until a majority of all the legal voters so taxed shall agree.

Sec. 2. The school directors shall appoint some suitable

person to assess all property lying within, and belonging to Assessment

the inhabitants of said district, who shall make return of the same within twenty days after he shall be appointed; he shall receive such compensation as the school directors may think reasonable, and shall take an oath faithfully to discharge the duties of the office.

Sec. 3. It shall be the duty of the constable residing Collection of within said district, to collect all sucb taxes, as by the vote

of the district shall be levied, and to pay over all monies when collected, to the treasurer of said district within fifteen days after such collection, except five per centum which he shall retain for his services, taking his receipt for the same.

SEC. 4. The school directors, or a majority of them, shall furnish the collector with the following warrant, to collect such taxes as may be so levied, which warrant shall be

his authority for collecting the same, to wit: Warrant

Pike County. S ss

To A. B., Collector of the fifth School District, in township four south, range three west, Greeting :

In the name of the people of the State of Illinois— You


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