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state, shall have the right to extend and enforce their ordinances so as to include any boat or other floating structure, which shall be kept within two miles of the city or town limits, as a place for drinking spirituous liquors, or for gaming, or for the purpose of prostitution : Provided, no anthority shall be given by this law, beyond what the law now authorizes, to interfere with any steamer or other boat, the usual business of which is the carrying of freight or passengers.
§ 2. This act shall take effect and be in force from and after its passage.
APPROVED February 15, 1865.
In force Feb. 16,
AN ACT to amend the school law.
Clean D. Leon Preaprove
County seperintendent election
$o as Mondarst Monhall be fate, auties remake arond, pay free
SECTION 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section Election of the one (1) of the act entitled "An act to establish and maintain by the people. a system of free schools," approved February 22, 1861, is
hereby amended so as to read as follows, viz: That at the election to be held on Tuesday after the first Monday of November, A. D. 1866, and quadrennially thereafter, there shall be elected, by the legal voters of this state, a state superintendent of public instruction, who shall hold his office for four years, and until his successor is duly elected
and qualified. County seperin. § 2. Section eleven (11) of the act is hereby amended
so as to read as follows, viz: On the Tuesday next after the first Monday in November next, and on the Tuesday next after the first Monday in November, every four (4) years hereafter, there shall be elected, by the qualified voters of very county in this state, a county superintendent of schools, who shall perform the duties required by law. He shall, before entering upon his duties, take an oath for the faithful discharge of the same, and execute a bond, payable to the state of Illinois, with two or more responsible freeholders as security, to be approved by the county court, or board of supervisors, in penalty of not less than twelve thousand dollars, to be increased at the discretion of said court or board of supervisors, conditioned that he will faithfully perform all the duties of his office, 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 the board of trustees of the proper township, for the benefit of any township or fund injured by any breach thereof; and joint action may be had for two or more funds. The words 6 county superintendent” shall be substituted for “school commissioner,” wherever the latter occur in the act of which
schools, who sentering upon his and execute a b
fully perfection are o bound jointly be maint the benefiend joint
this act is amendatory. The said county superintendents of schools shall be successors to the school commissioners, as heretofore known and designated in the act to which this act is amendatory, and all other acts where the term “school commissioner" is used; and all rights of property, and rights and causes of action, existing or vested in school commissioners, for the use of the inhabitants of the county, or any township thereof, or any part of them, shall vest in the county superintendents of schools, as successors, in as full and complete a manner as was vested in the school commissioners.
§ 3. Section fifteen (15) of the act shall be amended so Bond of townas to read as follows, viz: Whenever the bond of the township treasurer, approved by the board of trustees of schools, as required by law, shall be delivered to the county superintendent, he shall carefully examine the same, and if the instrument is found to be in all respects according to law, and the securities good and sufficient, he shall indorse his approval thereon, and file the same with the papers of his office; but if said bond is in any respect defective, he shall return it for correction. When the bond shall have been duly received and filed, the superintendent shall, on demand, deliver to said township treasurer, all moneys, bonds, mortgages, notes and securities, and all papers of every description, belonging to said township; and the said township treasurer shall receipt for the same, which receipt shall be carefully filed and preserved by the county superintendent, and shall be evidence of the facts therein stated.
§ 4. Section sixteen (16) of the act shall be amended so Distribution of as to read as follows, viz: Upon the receipt of the amount due upon the auditor's warrant, the county superintendent shall apportion one-third of said amount to the severa! townships and parts of townships in his county, in proportion to the number of acres therein, and the remaining two. thirds to the several townships and fractional townships in his county, according to the number of white children, under twenty-one years of age returned to him, in which townships or parts of townships schools have been kept in accordance with the provisions of the act, and with the instructions of the state and county superintendents, and shall pay over the distributive share belonging to each township and fractional township, to the respective township treasurers, or other authorized persons, annually; and when there is a county fund in the hands of any county superintendent, he shall loan the same, at any rate of interest not less than six per Funds loaned. cent. nor more than ten per cent., said rate to be fixed by the county court or board of supervisors, and apportion the interest as provided in this section: Provided, that no part Proviso. of the state, county, other school fund, shall be paid to any township treasurer, or other person, authorized by said treasurer, unless said township treasurer has filed his bond
funds to towns.
as required by the fifty-fifth section of the act, nor, in case said treasurer is re-appointed by the trustees, unless he shall
have renewed his bond, and filed the same, as aforesaid. Report of county $ 5. Section seventeen (17) of the act is hereby amended,
so as to read as follows, viz: On or before the second Monday of November before each regular session of the general assembly, or annually, if so required by the state superintendent, the county superintendent shall communicate to said state superintendent, all such information and statistics upon the subject of schools in his county as the said state superintendent is bound to embody in his report to the governor, and such other information as the state superintendent shall require; and no county from which such report is not received in the manner and within the time required by law, shall be entitled to any part of the state school fund for the year next succeeding that in which no report was made; and the county superintendent so failing or refusing to report, shall be liable to removal by the county court or board of supervisors, for such neglect of duty: Provided, that the state superintendent may remit the forfeiture of
funds prescribed in this section, for satisfactory cause. Duty of county $ 6. Section twenty (20) of the act is hereby amended to visit schools. so as to read as follows, viz: It shall be the duty of the
county superintendent to visit every school in his county at least once each year, and oftener if practicable, and to note the methods of instruction, the branches taught, the textbooks used, and the discipline, government and general condition of the schools. He shall give such directions in the science, art, and methods of teaching as he may deem expedient and necessary, and shall be the official adviser and constant assistant of the school officers and teachers of his county, and shall faithfully carry out the advice and instructions of the state superintendent. He shall encourage the formation and assist in the management of county teachers' institutes, and labor in every practicable way to elevate the standard of teaching and improve the condition of the common schools of his county. In all controversies arising under the school law, the opinion and advice of the county ouperintendent shall first be sought, whence appeal may be taken to the state superintendent, upon a written
statement of facts, certified by the county superintendent. Trut ees elective S 7. Section twenty-three (23) of the act is hereby
amended so as to read as follows, viz: Each congressional township is hereby established a township for school purposes. The business of the township shall be done by three trustees, to be elected by the legal voters of the township, who, upon their election as hereinafter provided, shall be a body politic and corporate, by the name and style of "truetees of schools of township ...... range ......,” according to the number. The said corporation shall have perpetual existence, shall have power to sue and be sued, to plead and
be impleaded, in all courts and places where judicial proceedings are had. Said trustees shall continue in office three (3) years, and until others are elected and enter upon the duties of their office. At the first regular election of trustees, after the passage of this act, three trustees shall be elected, who shall, at their first meeting, which shall be within ten days after said election, draw lots for their respective terms of office, for one, two, and three years, and thereafter one trustee shall be elected annually. If but two of the trustees elect shall be present at the first meeting as aforesaid, they shall draw lots as aforesaid, and the lot not Term of office. drawn shall determine and fix the term of office of the remaining trustee :
Provided, that in all counties under township organization, an election of Proviso. school trustees shall be held as aforesaid, at the first regular town meeting after the passage of this act, and all subsequent elections of trustees in counties under township organization shall be held on the day of the regular annual town meetings, and shall be conducted in the same manner as the election of other town officers.*
8 8. Section twenty-five (25) of the act is hereby Election or vaamended by the substitution of the word "annually" for the cancy. word “biennially” in the second line thereof, and by the addition to said section of the following, viz: And, provided, also, that if the township treasurer shall fail or refuse to give notice of the regular election of trustees, as afore. said ; and if, in case of a vacancy, the remaining trustee, or trustees, shall fail or refuse to order an election to fill such vacancy, as required in section twenty-nine of the act, then, and in each case, it shall be the duty of the county superintendent to order an election of trustees, or to fill vacancies, as aforesaid; and all elections so ordered and held shall be valid to all intents and purposes whatever.
§ 9. Section thirty-two (32,) of the act shall be amended Semi-annual so as to read as follows, viz: "It shall be the duty of the meetin board of trustees to hold regular semi-annual meetings on he first Mondays of April and October, and special meetings may be held at such other times as they may think proper. Special meetings of the board may be called by the president, or any two members thereof, and at all meetings, two members of the board shall be a quorum for business. The board shall organize by appointing one of their number president, and some person, who shall not be a director or trustee, treasurer, who shall be, ex officio, clerk of the board. The president shall hold his office for one Term of office. year, and the treasurer for two years, and until their successors are appointed; but either of said officers may be removed by the board for good cause. It shall be the duty of the president to preside at the meetings of the board; and
*NOTE:--The journals show that the Senate amended this law by striking out all of section 7, "commencing at the word PROVIDED," and that the House concurred in the amendment by a vote of 66 to 1; but the clause so stricken out was retained in the enroiled law, through inadvertence of the clerks. See certificate at end of volume.
S. TYNDALE, Sec'y State.
it shall be the duty of the clerk to be present at all meetings of the board, and to record in a book to be provided for the purpose, all their official proceedings, which shall be a public record, open to the inspection of any person interested therein; and all of said proceedings, when recorded, shall be signed by the president and clerk. If the president or clerk shall be absent, or refuse to perform any of the duties of his office at any meeting of the board, a president or
clerk, pro tempore, may be appointed. Sehool districts. S 10. Section thirty-three (33) of the act is hereby
amended so as to read as follows, viz: Trustees of schools shall lay off the township into one or more districts to suit the wishes and convenience of a majority of the inhabitants of their township, and shall prepare, or cause to be prepared, a map of their township, as often as may be necessary, on which map shall be designated district or districts, to be styled, “District No. ...., in township No. ....," which districts they may alter or change at any regular session; which map shall be certified by the president and clerk of the board, and filed with and recorded by the county clerk,
in a book to be kept for that purpose, to be paid for out of Fractional towns the county treasury: Provided, that school districts may be
formed out of parts of two or more townships or fractional townships ; in which case the trustees of schools of the townships interested shall concur in the formation of such districts. When a new district is formed from one or more districts, the trustees of the township or townships concerned shall make division of any tax funds, or other funds which are, or may be in the hands of the township treasurer or treasurers, in proportion to the amount of taxes collected from the property remaining in each district; and all school property belonging to the district or districts out of which the new district is formed shall be appraised in a just and equitable manner, and the estimated value shall be distributed by the trustees among the districts concerned, in proportion to the amount of taxable property remaining in each, and the town treasurer or treasurers shall forth with place the sums so distributed to the credit of the respective districts, subject to the order of the directors thereof: Provided, that the funds on hand shall be divided at the time such new district is formed, and that all funds payable, but not yet received by the treasurer or treasurers, shall be divided as soon as received, and that the school property shall be appraised and apportioned, as aforesaid, within three months from the formation of such new district. And when any two or more districts shall be consolidated into one, the new district shall own all the corporate property and funds of the several districts.
§ 11. Section thirty-four (34) of the act shall be amended so as to read as follows, viz: At the regular semi-annual meetings on the first Mondays of April and October, the