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Board of education.

Powers of board.

Proviso.

School houses and sites.

Repairs.

tures.

Graded schools. Funds.

the necessary deeds and other conveyances for the share of real estate due said district under said division.

§ 4. The public schools of said district shall be under the exclusive management and control of a board of education, to consist of the mayor of said city, who shall be the president of the board, and one director from each ward of the city, to be known as "The Board of Education of Galesburg School District," each of whom, with the treasurer and clerk of said board, shall be sworn to discharge their duties with fidelity.

§ 5. Said board shall have exclusive control over the school lands, funds and other means of said district, for school purposes, and shall have full power to do all acts and things, in relation thereto, to promote the end herein designed; may sell or lease said lands and other lands or property which may have been or may hereafter be donated, purchased or designed for school purposes in said district, on such terms, for cash or credit, and at such times as they may see proper; they shall have full power to receive conveyances or donations and to make the necessary deeds or leases for lands; and all conveyances by the board shall be signed and acknowledged before some competent officer by the president and secretary of said board: Provided, however, that no sale or lease of land for more than one year shall be made without the concurrence of five members of the board. A majority of the directors, with or without the president, shall constitute a quorum for the transaction of business; and in the absence of the president they may appoint one of their own body president pro tempore. The president shall only vote in case of a tie, when he shall have a casting vote.

§ 6. Said board shall have full power to purchase or lease sites for school houses, with the necessary grounds therefor; to erect, hire or purchase buildings for school houses and keep them in repair; to furnish schools with neBooks and fix- cesssary books, fixtures, furniture, apparatus and library or libraries; to establish, conduct and maintain a system of public graded schools, to be kept in one or more buildings in said district; to supply the insufficiency of school funds for the payment of teachers, and other school purposes, and expenses, by school taxes to be levied and collected as hereinafter provided; to determine the number, make the appointment, and fix the amount of compensation of teachers, within said district, and of all other agents and servants: Provided, that the directors shall in no case receive any compensation for services as directors; to prescribe the studies to be taught and books to be used in said schools, including maps, charts, globes, &c.; to lay off and divide said district into smaller districts, and to alter the same, or erect new ones at pleasure; to pass by-laws, rules and regulations to carry these powers into complete execution, and for the government of

Teachers.

Proviso.

Studies.

Districts.

By-laws.

their own body, their officers, agents and servants, and providing for their meetings and adjournments, and, generally, to have and possess all the rights powers and authority necessary for the proper establishment and control of an effective system of graded schools within said district; and they shall visit and inspect each and all the schools therein as Inspection. often as may be necessary.

87. It shall be the duty of the board of education, and Money. they shall have full power to determine the amount of money needed and to be raised for school purposes, over and above the amount from the school funds herein before enumerated, or from other sources: Provided, said board shall Proviso. not for any one year require to be raised more than one-half of one per centum, for the benefit of said schools, on the assessed value of the real and personal property of said city for such year, without a majority of the legal voters of said city authorize them to do so at an election to be held for that purpose, at such time, and conducted in such manner, as the board may direct; nor shall said board or said city council make any loan whatsoever for school purposes, without a previous authority by such vote; but with the concurrence of a majority of said voters, it shall be lawful to raise such sum, either by taxation or loan, as said board may see proper; and before the first day of August of each year, they shall determine the amount required to be collected by taxation for expenditure for one year from the first day of January then next ensuing, for school purposes generally, and certify the amount to the city council of Galesburg.

§ 8. It shall thereupon be the duty of the city council to Tax. levy said sum on all the real estate and personal property of said city, according to the assessment and valuation thereof, for the current year, equally, by a certain rate per centum, and collect the same as city taxes are collected. ́A special column shall be prepared in the city duplicate, headed "School purposes," in which shall appear the amount of tax for school purposes, chargeable against each parcel of real estate or amount of personal property; and when said taxes are collected the treasurer shall keep a separate account of the same, and they shall be used and applied for school purposes only, and shall be paid only on the order of said board.

Children.

$9. It shall be the duty of the board to cause an ab- Abstract stract of the whole number of white children, under the age of twenty-one years, within said district, to be made, and furnish the same, with such further information as is required in section 36 and 79 of the act to establish and maintain a system of free schools, approved February 16, 1857, to the school commissioner of Knox county, Illinois, within ten days after the same shall have been ascertained; and the school commissioner shall pay, annually, to the said board, for the exclusive use of said district, the amount the district

of

Power to bor

is entitled to receive from the funds that are or may be in his hands, subject to distribution, for the support and benefit of the schools in said county, in accordance with the provisions of the free school law now in force, the same as if no special charter had been conferred upon the schools of the city of Galesburg.

§ 10. The city council of the city of Galesburg are hererow money. by vested with full power to borrow such sums of money, being subject to the restriction contained in the 7th section of this act, as they may deem necessary for school purposes in said district, at a rate of interest not exceeding ten per centum per annum, which may be made payable semiannually, at such place as may be agreed upon; and the money, when so borrowed, shall be placed under the control of the board of education.

Election

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11. The board of education shall be elected by all the board of edu- qualified voters of said school district, but one director shall reside in each of the wards of said city, and be a householder and freeholder thereof. The directors shall hold their offices three years from the day of their election, except that one-third of the first board elected under this act shall retire from office at the expiration of the first year, one-third at the expiration of the second year, and one-third at the expiration of the third year; and the period of their retireinent shall be decided as follows: the clerk of the city council shall take six strips of paper on two of which he shall write the words "One year, -on two, "Two years," two, "Three years;" each member elect shall draw, and shall serve the period of time indicated by the words on the paper which he draws. An election shall be held annually, at the place where the city council of Galesburg hold their meetings, on the first Monday of June; at the first of which all of said directors shall be chosen; and at each election thereafter successors to the directors whose terms are about to expire. For the first election, the election officers shall be appointed by the city council of Galesburg, and notice thereof being published by said council ten days be. fore the election in a newspaper of said city; but for each subsequent election said appointments shall be made by the board of education, and notice given by them as aforesaid, and for what wards directors are to be chosen; and said election shall, in every other particular, the supplying vacancies in the officers thereof, substituting the place for holding the election, conducting the election, making the returns, &c., &c., be governed by the ordinance of the city of Galesburg, in force at the time of election. Said board shall be the judges of the election and qualification of its members, and in determining the same, shall be governed by the city ordinance as aforesaid. All officers under this act shall hold their offices until the election and qualification of their successors. Removal from his ward, and not out of the city,

Notice.

Manner of election.

by any director, shall not vacate his office; and whenever any vacancy shall occur in the office of director the city council of Galesburg shall supply the same, upon notice thereof by the board of education, but such appointment, so made by the city council, shall only continue until the next regular election of directors, when a successor shall be elected, who shall hold his office for the unexpired term only.

clerk.

12. The treasurer and clerk of the city of Galesburg Treasurer and shall be the treasurer and clerk of the board of education; and the board shall determine their duties, compensation and amount of security to be given.

§ 13. Said board shall cause all funds not needed for im- Funds to be mediate use to be loaned, at the rate of ten per cent. per an- loaned. num, payable semi-annually in advance. No loan shall be for a longer period than five years, and, if exceeding one hundred dollars, shall be secured by unincumbered real estate, of at least double the value of the loan, without estimating perishable improvements; for any sum of one hundred dollars or under, good and satisfactory personal security may

be taken.

curities.

14. All notes and securities shall be to the board of Notes and seeducation, for school purposes; and the borrower shall be at all expenses of examining titles, preparing and recording

papers.

tates.

15. In settling the estates of deceased persons, debts Debts of esfor school purposes shall be preferred to all others, except those attending the last illness of the deceased and his funeral expenses, excluding the physician's bill.

16. If default be made in the payment of interest, or Default. of principal, when due, interest at the rate of twelve per cent. per annum on the amount due shall be charged from the default, and may be recovered by suit. Suit may be for the interest only, whether the principal be due or not; and if the interest be not paid within ten days after the same becomes due, the principal, at the option of the holder of the note, shall thereby become due, and may be recovered by suit, if necessary.

17. All judgments for principal or interest, or both, Judgments. shall draw interest at the rate of twelve per cent. from the rendition of judgment; and said board may purchase in property sold on execution or decree in their own favor, as other persons, with right of redemption, as in other cases. No judgment for costs shall be rendered against said board, to be paid out of the school funds.

§ 18. If the security for any loan or other debt due the Additional seschool district, in the judgment of the board, become doubt- curity. ful or insecure, they shall cause the debtor to be notified thereof; and if he do not immediately secure the same, to the satisfaction of the board, the principal and interest shall thereby become due immediately and suit may be

Annual ment.

Scholars.

Admission.

brought against all the makers of the note, although such condition or stipulation be not inserted in the note.

state- § 19. The board of education shall publish, annually, a statement of the number of pupils instructed the preceding year, the several branches of education pursued, the receipts and expenditures of each school, specifying the resources of such receipt, and the objects of such expenditures.

Bonds and obligations.

charter.

20. Said board shall have full power to admit persons who do not reside within said district into said schools, upon such terms as they may think proper.

21. All free white persons, over the age of five years and under the age of twenty-one years, residing within said district, shall be admitted to said schools free or upon the payment of such rates of tuition as the board shall prescribe; but nothing herein contained shall prevent persons being suspended, expelled, or kept out of said schools altogether, for improper conduct.

$22. In purchasing or leasing grounds or buildings, for school purposes, said board of education may do so on credit; and when the price and conditions of the purchase or lease are agreed upon, the board may certify the same to the city council of Galesburg, and the council shall make, or cause to be made, to the proper party, the bonds or obligations of said city for the payment of the purchase money according to said terms; or said board may execute in their own name, said contract, bonds or obligations, and they shall be binding upon said city, and the council shall provide for the payment of the same and the interest thereon as it becomes due, as though they were executed by the city of Galesburg and under her corporate seal.

Act attached to § 23. This act shall be attached to the act incorporating the city of Galesburg and be considered a part of said charter.

Election.

24. This act shall not take effect or be in force without a majority of the legal voters of said city shall decide in its favor, at an election for that purpose, to be held at such time and conducted in such manner as the council of said city may direct.

APPROVED February 18, 1859.

In force Febru AN ACT to incorporate the Lee Centre Union Graded School and Union District ary 21, 1859.

Number one.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Lyman C. Wheat, Charles Gardner and Leander C. Sawyer, direct

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