A Bill
For an act to distribute the School fund to the Several counties in this State.
Sec[Section]. 1.
Be it enacted by the people of the state of Illinois, represented in the General assembly That the commissioners of the school fund, be, And they are hereby required And directed,
to draw so much of the school fund of this state as may be deposited in Banks, and place the same in the treasury of the state.
Sec 2. It shall be the duty of the Governor to ascertain the amount of principal and
interest Which the state is indebted to the School fund, for money borrowed thereof, So soon as the same can
be done, And upon the receipt of such information, the Governor is hereby authorised
and required to negotiate a loan on the best terms for the state he possibly can, for such sum of money as will be sufficient to reimburse the said
fund for the principal, and interest due the same by the state. payable at any time after twenty years from the time of effecting Said loan
Sec 3. Upon the payment into the State treasury of the money aforesaid, and also upon
the receipt of other moneys from the treasury of the United States belonging to the
School fund, it Shall be the duty of the State Treasurer to give notice thereof for
three weeks in the newspaper printed by the Public Printer.
Sec. 4 It shall be the duty of the state treasurer on the first Monday of August next
and on the same day in every year thereafter on the warrant of the auditor of Public
accounts to pay over
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on application, to each school commissioner in in each and every county in this State, a rateable share, to be ascertained by them, of the said fund, in proportion to
the number of White children in each and every county, under twenty years of age as
enumerated in the official returns of the census as herein after provided for, and
the Said School Commissioners Shall severally receipt to the state treasurer for the
Sum of money So received.
Sec. 5 It shall be the duty of the School commissioners in each of the several Counties,
upon the receipt of any moneys under this act, to give fifteen days notice in five ^one^ of the most public places in each township in his County, that he will loan so much
of the school funds as may be in his hands
at the rate of twelve per cent, per annum payable in advance, And the money
aforesaid shall be loaned at the county seats of the several Counties. Provided that
in all cases where any Commissioner has to bring suit in the Circuit Court for the collection of school money, it is hereby Made the duty of the Court, in addition
to giving judgement for the principal and interest also to assess and give judgement for five per cent damages on said amount, to pay the expences incident to collecting said money, which Judgement ^shall draw twelve per cent interest till paid^
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stating the day, and amount of funds in hand, ^(^which money shall be loaned in sums, not less than fifty nor more than three hundred dollars^)^ for the term of twelve months with interest |
Sec. 6 It shall be the duty of the Said School Commissioners to report their proceedings
every Six
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months to the County Commissioners Courts, and to submit their Books, papers bonds, notes and mortgages, and other securities
for loans at the same periods, to the said Courts and to permit the said Court at any time to inspect and examine the same, and upon refusal thereof to be removed
from office by said court. ^(^ The Said Court shall have power if in their opinion the public interest require the same, to remove
the said school commissioner at any time and appoint an other^)^ And the Said Court is hereby authorised to require from time to time such additional securities from
the said School Commissioners now or hereafter to be appointed, as they may deem necessary
for the safety of the money that may be in their hands.
Sec 7 It shall be the duty of the School Commissioners of the several Counties when
they shall have received money as aforesaid to ascertain the amount due to each township
and in learning the same to give a preference to the citizens of the Township to which
said money belongs if they shall make application to borrow the same, and make it
entirely secure Provided always that if any School Commissioner shall negligently
or wilfully loan any money so that the same be lost, he and his securities shall be
liable for such deficit by action of assumpsit in the name of the proper County.
Sec 8. If any Township shall have neglected to elect “trustees of Schools” it shall
be the duty of the School Commissioner of the proper County to appoint an Election
of “Trustees of Schools” to be holden on the first Saturday in June next, giving fifteen
days notice
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of the holding said election in said Township and if a majority of the legal voters
present shall vote in favor of becoming incorporated it shall be sufficient
Sec 9. If any School Commissioner, Treasurer of a Township, or other officer having
custody of school money shall embezzle the same or shall unlawfully convert the same
to his own use, or shall fail to account for and pay over all funds which he may have
received as such officer, as required by law, he shall be deemed guilty of Larceny,
and upon conviction, shall be fined and imprisioned as in other cases of Larceny.
Sec 10 It shall be the duty of each and every county Treasurer ^assessor^ in this State, when assessing taxable property in their respective counties in the year 1839 to
provide a separate column in which shall be set down the number of white children
under twenty years of age in the several counties within this State
Sec 11 Within twenty days after said County treasurer ^assessor or assessors^ shall have completed their list as aforesaid they shall respectively make returns
thereof to the County Commissioners Court of the proper county which said returns shall be signed by the Treasurers ^assessors^ aforesaid and the correctness of the enumeration shall be verified by oath before
any Justice of the peace of the same county, and the Clerk of the County Commissioners Court shall so soon as said return is filed in his office, Transmit a certified copy of
the same under the seal of the court to the Secretary ^Auditor^ of State which
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shall be filed in his office and shall be authority to warrant the treasurer of the
state to pay over to the said School Commissioners the distributive share to which each
county may be entitled of the School fund as it may accrue.
Sec 12. Previous to the first Monday of August next and to the same day in every year
thereafter, it shall be the duty of the Treasurer of each Township in the State to ascertain the number of white children under twenty years of age in his Township,
and to make return thereof in writing under his hand to the School Commissioner of
the proper County the correctness of which shall be verified by affidavit before some
justice of the peace of the county, and when received by said commissioner shall be
filed away by him, and shall be sufficient evidence and authority to the said School
Commissioner to pay over to the said Treasurers of the several townships, their respective
distributive shares of the interest of the School fund. And it is hereby made the
duty of the said School Commissioners to pay over said dividends without delay, and
to take the receipt of such Township Treasurer therefor. And it shall be the further
duty of the School Commissioner of the several counties within ten days after the
said Treasurers of townships shall have made their returns to make out an abstract
exetuting the whole number of children so inumerated as aforesaid
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in the county which abstract shall be subscribed and sworn to by said School Commissioners
respectively, and transmit the same immediately to the Secretary ^Auditor^ of State which said abstract and enumeration shall after the year 1839 be sufficient
evidence and authority for the State Treasurer to pay over to the School Commissioners
of the several Counties the distributive share of school money that may have accrued
to said Counties respectively.
Sec 13. If any county ^assessor^ or Township Treasurer shall wilfully make a false return under oath of the number
of children in the county or Township in which such enumeration shall be made he shall
be deemed and be taken to be guilty of purjury and shall be punished in the same manner as persons committing said crime in other
cases; and if any School Commissioner shall wilfully swear to and return a false and
incorrect abstract to the Secretary ^Auditor^ of State he shall be adjudged to be guilty of the same crime and punished in the
same manner as above
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provided.
Sec 14 Whenever any money shall come to the hands of any school commissioner which
of right is due and payable to the Treasurer of any Township in his County it shall
be his duty forthwith to pay the same over to the proper person, and a failure to
do so shall be a sufficient cause to remove said Commissioner from office.
Sec 15. So much of the Money as this State has received or may receive under the deposite Law passed by Congress as is or may be added to the School fund shall be embraced
in the foregoing Sections, and be distributed as therein provided.
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No[Number] 32
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6
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A Bill for an act To distribute the School fund to the Several Counties in this State ^1838-9^
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[01]/[04]/[1839]
[01]/[04]/[1839]
C W H.
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[12]/[20]/[1838]
[12]/[20]/[1838]
[read?], laid on the table & 200 copies ordered to be printed
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02/04/1839
02/04/1839
(Sel[Select] com[committee]
7)
7)
Handwritten Document, 8 page(s), Folder 48, HB 58, GA Session: 11-1,
Illinois State Archives (Springfield, IL) ,