In force July 1, 1841.
An ACT making provision for organizing and maintaining Common Schools.
1Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That for the purpose of establishing and sustaining common schools throughout the
State, and taking care of and using the resources of the State held for purposes of education, the following sections and provisions shall take
effect as the law of this State, on the first day of July next:
first division.
Common School lands—their protection and preservation.
School lands
Sec. 2. That section number sixteen in every township granted to the State, by the United States, for the use of the inhabitants of the townships for the use
of schools, and such sections and parts of sections as have been or may be granted
as aforesaid, in lieu of section sixteen, and also the lands which have been or may be selected and granted as aforesaid, for
the use of the inhabitants of fractional townships in which there are no section numbered
sixteen, or such section shall not contain the proper proportion for the use of schools
in such fractional townships, shall be held and considered as common school lands,
and the provisions of this act referring to common school lands, shall be deemed to
include and apply to the lands aforesaid.
Lands under supervision of county com’rs
Sec. 3. The said common school lands shall be under the general superintendence and care
of the county commissioners of the several counties in which the same, or the greater part thereof may be situated, and when any township lies partly in
two or more counties, the business of the township, so far as relates to the common
school lands, shall be transacted in that county which contains the greater portion
of the said lands.
Appointment of trustees
Sec. 4. The county commissioners' court in each county, shall, as soon as may be after the passage of this act, ap-
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point three trustees in each township, to be called the "Trustees of School Lands" of said township, who shall be inhabitants
and legal voters of the township, and whose appointment shall continue for four years,
and until successors are appointed and qualified.
Trustees, body politic
Sec. 5. The said trustees shall be a body politic and corporate, and may sue and be sued by the name and description aforesaid; the said trustees
before entering upon the duties of their appointments, shall take an oath before some
officer authorized to administer the same, well, and truly and faithfully to execute
the duties of trustees of school lands, according to law, agreeably to the best of
their judgment and understanding.
Powers.
Sec. 6. The said trustees shall be vested with the following powers, viz: to appoint a treasurer and require him to perform the duties of clerk, and such other
duties as may be imposed by law, or any order of the trustees; to receive by deed
or otherwise, and hold for the use of any school or schools in the township, any real
estate, personal property, or money, which may be conveyed or delivered to them for
the uses aforesaid.
Treasurer to give bond
Action against
Sec. 7. Every treasurer appointed under the provisions of the foregoing section, shall,
before entering upon the duties of his appointment, execute a bond with good security, payable to the said trustees by their corporate
name, in a penalty to be fixed by the trustees, conditioned that he will faithfully
discharge all the duties of his appointment according to the laws now or hereafter
to be in force; the security shall be approved by the trustees, and the bond shall
be deposited with and kept by the school commissioner of the county, and for any breach
in the conditions thereof, an action may be maintained against the obligors jointly or severally, and recoveries
may be had thereon until the whole penalty shall be recovered.
All monies to be paid to school com’rs.
Sec. 8. The trustees shall cause all monies collected or obtained for rents, or recovered
for trespasses, or which may otherwise come to their hands for the use of the township to be paid
over to the school commissioners of their respective counties, to be applied to the
support of schools as hereinafter required.
Trustees to make report
Sec. 9. The trustees shall render an account of their receipts and disbursements annually,
to the county commissioners' courts of their respective counties, and on failure to do so shall be liable jointly and
severally out of their own estates for all monies which may come to their possession,
and joint or several actions may be maintained in the corporate name of the township,
for the recovery thereof; such action to be prosecuted under the direction of the
county commissioners' court.
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Trespassing upon Common School Lands.
Trespass on lands
Fines how recovered
Sec. 10. If any person shall, without being authorized, cut, fell, box, bore, destroy
or carry away any black or white walnut; black, white, yellow or red oak; white wood,
poplar, wild cherry, blue ash, yellow or black locust, chesnut, coffee, or sugar tree, or sapling standing, growing, or lying upon any common school
land, such person shall forfeit and pay for every tree so cut, felled, boxed, bored, or
carried away, the sum of eight dollars; and if any person shall, without authority
as aforesaid, cut, fell, box, bore, destroy or carry away any tree or sapling not
herein above enumerated, standing, growing or lying upon any common school lands as
aforesaid, such person shall forfeit and pay for every such tree or sapling so cut,
felled, boxed, bored, destroyed or carried away, the sum of three dollars, and the penalties aforesaid shall be recoverable with costs of suit, by action of
debt or assumpsit, either in the corporate name of the trustees of school lands of
the township to which the land belongs, or by action quitam, in the name of any person who will first sue for the same, one half for the use
of the person suing, and the other half for the use of the township aforesaid. When
two or more persons shall be engaged or concerned in the same trespass, they shall
be jointly and severally liable for the penalties herein imposed.
Indictment for trespass
Application of fines
Sec. 11. Every trespasser upon common school lands shall be liable to indictment, and upon conviction, to be fined in not less than three nor more than six times the
amount of injury occasioned by such trespass, and shall stand committed as in other
cases of misdemeanors; all fines imposed under the provisions of this section, shall be paid to the school commissioner of the county, for the use of the township
injured.
second division.
Election of School Commissioners, and sales of Common School Lands.
Election of school com’r
To give bond
Sec. 12. On the first Monday in August next, and on the same day every two years thereafter,
there shall be elected by the qualified voters of each and every county in the State, a school commissioner for the said county, who shall be authorized to execute and
perform the duties herein required, he shall, before entering upon his duties, execute a bond payable to the people of the State of Illinois, with two or more responsible freeholders as security, to be approved of by the county commissioners' court, in a penalty of not less than twelve thousand dollars, and with such increase as
the court may direct, having regard to the nature and extent of duties and responsibilities,
conditioned that he will faithfully
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perform all the duties of the office of school commissioner for the said county, according
to the laws now, or which may hereafter be in force, by which bond the obligors shall
be bound jointly and severally for the performance of the conditions thereof, and
upon which an action or actions may be maintained for the use of any township or fund
injured by any breach thereof, and joint actions may be maintained to the use of two
or more funds.
Election and returns of com’r
Sec. 13. The election provided for in the foregoing section, shall be held and the returns thereof shall be made in connection with the election
of county commissioners, and all contests in relation to said election, shall be decided
as in the cases of contested elections for the office of sheriff or coroner.
Vacancies how filled
Proviso.
Term of office
Sec. 14. When any vacancy shall occur in the office of school commissioner of any county,
the county commissioners' court of such county shall appoint some competent person to fill the vacancy until the
election and qualification of another person, the person so appointed, shall give
bond with security as is required of persons elected to said office: Provided, however, That when a vacancy occurs within twelve months of the time of the biennial election
provided for in this act, the person appointed shall continue in office until
such election, and the qualification of the person elected.
Vacancies 1 year before election
Sec. 15. When any such vacancy shall occur more than
twelve months previous to the time provided for the biennial election, the vacancy shall be filled by election as is
provided in cases of vacancies in the office of county commissioners.
Sale of lands
Township funds
Sec. 16. The said commissioner shall make sale of the common school lands held for the
use of each township in his county, upon the terms, and in the manner required by law. He shall loan the funds of the
township, apply the interest accruing upon township funds to the support of schools, and perform
such other duties as may from time to time be required of him; said commissioner shall
also attend to the collection of all demands in favor of the several townships in
their counties, and to the settlement of the accounts of trustees, and whenever necessary
to the prosecution of suits for the recovery of demands in favor of townships, and
all monies collected shall be faithfully applied, and used as required by law.
Com’r to give bond annually
Sec. 17. The said commissioner shall execute a new bond annually, conditioned as required in the first bond, but the execution of a new bond shall
not release or impair liability upon the former bond existing at, and before the delivery
of the new one.
Com’r may be removed
Sec. 18. The said commissioner shall he subject to removal by the county commissioners’ court for misapplication of the funds, failure to make reports as required by law without
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a reasonable excuse, failure to execute bond with good security as required by law,
or for any other palpable violation of law or omission of duty.
Additional bond
Sec. 19. If at any time the county commissioners' court shall have reason to believe that the security of the school commissioner is insufficient,
by reason of insolvency or otherwise, said court shall require the commissioner to execute another bond with additional security,
in such penalty as shall be deemed sufficient, conditioned as the first bond, and
upon failure to give such security the commissioner may be removed from office; the
execution of a new bond shall not affect the old one, or the liability of the security
thereon.
Books for record
Record of sale of land, &c.[et cetera]
Sec. 20. The said commissioner shall provide well bound books for the following purposes:
First. A book in which he shall record at length all petitions presented to him for the
sale of common school lands, and the plats and certificates of valuation made by or
under the direction of the trustees of school lands, and all the affidavits in relation
to the same. Second. A book in which he shall keep a list of all sales of school lands, which list shall
contain the date of sale, names of purchasers, quantity and description of lands sold,
and the sum sold for. Third. A book in which he shall keep a regular account of money received and paid or loaned
out. And fourth, A book in which he shall keep a statement of money loaned, showing the date of each
loan, the person to whom loaned, the time for which the loan was made, the rate of
interest, names of securities when personal security is given, or in case of real
estate, a description of the same, which books shall be paid for out of the county
treasuries of the counties in which they are used; the accounts of each township and
fund, shall be kept separate, as well as the list of sales.
Petition for sale
Proviso
Sec. 21. When the inhabitants of any township shall desire the sale of the common school
lands of the township, they shall present a petition to the school commissioner of their county, requesting
a sale thereof, which petition shall be signed by at least two-thirds of the white
male inhabitants of the township, over twenty-one years of age. The signing of the
petition must be freely and voluntary, in the presence of two citizens of the township,
after the true intent and meaning thereof shall have been made known and explained
to each petitioner; when the petition shall have been so signed, an affidavit shall
be endorsed thereon, or thereto attached, by the two citizens in whose presence the
same was signed, proving the signing in the manner aforesaid, and the said petition
with the affidavits aforesaid, shall be delivered to the commissioner for his action
thereon: Provided, That no sale shall be made of any whole section of school lands, unless the township
to which it belongs contains at least fifty inhabitants.
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Affidavit of inhabitants
Sec. 22. When a petition shall be presented to a school commissioner for the sale of common
school lands as provided for in the preceding section, he shall be authorized to receive the affidavits of reputable citizens of the township
as to the number of white male inhabitants over twenty-one years of age, and if it
shall appear from such affidavits that two-thirds of the whole number have signed
the petition, the commissioner shall proceed to sell the lands as herein required.
Lands of fractional townships may be sold.
Sec. 23. School lands granted and held for the use of fractional townships, may be sold when the number of inhabitants in such fractional township shall bear
as large a proportion to the quantity of school lands granted, as the number of fifty
bears to an entire section of land.
Subdivision of lands.
Valuation.
Sec. 24. When the requisite petition and affidavits have been furnished to authorize a
sale of common school land, the school commissioner shall notify the trustees of school
lands thereof, and said trustees shall immediately proceed to subdivide the said lands into tracts
or lots, in such form and quantity as will best suit purchasers, and produce the largest
amount of money; and after making such subdivision, a correct plat of the same shall
be made, representing the whole land, and the divisions thereof, with each lot numbered
and marked, so as to enable purchasers to identify the same, and so as to perpetuate
the boundaries thereof. The trustees shall then fix a value upon each lot; having regard to the terms of
sale, and attach to the plat a certificate verifying the correctness of the plat (stating
the value of each lot per acre, or by the lot in case the lot contains a less quantity
than one acre) and referring to and describing the lots in the certificate, so as
to fully and clearly distinguish and identify each lot; which plat and certificate
shall be delivered to the school commissioner, and shall govern him in advertising
and selling said lands.
No lot more than 80 acres.
Laid out in lots & streets.
Streets public highways.
Sec. 25. In subdividing common school lands for sale, no lot shall contain more than eighty acres, and the division may be made into town
or village lots, and streets, alleys, and roads, may be laid out by the trustees through any of such lands, for the public accommodation,
and such streets, alleys and roads, being marked and laid down upon the plat of the
land, shall be sufficient evidence of the dedication thereof; and where common school
lands have heretofore been divided into lots, with streets, alleys and roads passing
through the same, such division shall be deemed legal, and the streets, alleys and roads so laid out are hereby declared public highways.
Terms of sale of lands.
Sec. 26. The terms of selling common school lands shall be to the highest bidder for cash,
with the privilege to each purchaser to borrow the amount of his bid for any period
not less than one, nor more than five years, upon his paying interest, and giving
security as in the case of money loaned.
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Lands to be sold at court house.
Advertisement.
Proviso
Sec. 27. The place of selling common school lands shall be at the court house of the county
in which the land is situated, and upon the reception by the school commissioner of the plat and certificate of
valuation of school lands from the trustees, he shall proceed to advertise the said
land for sale, or lots as divided and laid off by the trustees, by posting notices thereof in at least six public places in the county, forty days
previous to the day of sale, describing the land, and stating the time, place and
terms of sale; said notice shall also be printed and published four weeks in a newspaper
printed in the county where the sale is to be made, if there be any such paper, but
if no newspaper is published in the county, the sale shall be made upon posting the
notices as aforesaid: Provided, however, That notices of such sales may be published in any newspaper having general circulation
in the county, if in the opinion of the commissioner, such notice will produce competition
in bidding, or enhance the amount of sales.
Order of sale.
Sec. 28. The order of sale shall be according to the numbers of the lots, beginning with the lowest number, and proceeding regularly until the whole are sold
or offered; no lot shall be sold for less than its valuation by the trustees; sales
shall be made between the hours of ten o'clock, A.M. and six o'clock, P.M., and may
be continued from day to day until completed; the lots shall be offered separately,
and each lot cried a sufficient length of time to enable all who desire to bid. Each
purchaser failing to comply with the terms of sale, shall be bound to pay the difference
between his bid and the price for which the lot may be sold.
When lands considered not sold.
Former purchaser to pay difference.
Act’n[Action] against purchaser.
Sec. 29. Upon the closing the sales on any day, each purchaser shall pay or secure the
payment of the purchase money according to the terms of the sale, or in case of his
failure to do so by ten o'clock of the succeeding day, the lots purchased shall be again offered for public sale, on the same terms as before,
and if the valuation shall be bid, shall be stricken off; but if the valuation is
not bid, the lot shall be set down as not sold; if a sale is made, the former purchaser
shall be required to pay the difference between the price sold for and his bid; if a sale is not made he shall be required to pay the difference between his bid
and the valuation of the lot; and in case of his failure to make such payment, the school commissioner may forthwith
institute an action of debt or assumpsit, in favor of the trustees of school lands
of the township for whose use the land was sold, for the sum required, and upon making
proof of the facts shall be entitled to judgment with cost of suit, and if the amount
claimed shall not exceed one hundred dollars the suit may be before a justice of the
peace, but if more than that sum the action shall be in the circuit court of any county wherein the party may be found.
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School lands may be sold at private sale.
Sec. 30. All lands not sold at public sales as herein provided for, shall be subject to
sale at any time thereafter at valuation, and commissioners are authorized and required to sell all such lands at private sale
upon the terms at which they were offered at public sale.
Record of sales.
Certificates.
Sec. 31. Upon the completion of every sale by the purchaser, the school commissioner shall enter the same on his sale book, and shall deliver
to the purchaser a certificate of purchase, stating therein the name and residence
of the purchaser, describing the land, and stating the price paid therefor, which certificate shall be evidence of the facts therein stated.
Statement of sales, &c.
Sec. 32. At every regular term of the county commissioners' court, each school commissioner shall present to the court of his county, the following statements: First, A statement shewing the sales of school lands made subsequent to the preceding term of the court, which statement shall be copied from the sale book, and contain all the facts required
to be stated in said book. Second: Statements of the amount of money received, and
paid, and loaned out, belonging to each township or fund, under his control, the statement
of each fund to be separate. Third: Statements copied from his loan book, showing
all the facts in relation to lands which are required to be stated in the loan book.
Certificate of sale.
List of sales filed.
Sec. 33. The said commissioner shall also at the times aforesaid, transmit to the Auditor of Public Accounts a full and exact transcript from his sale book, of all the sales made subsequent
to each report. The list of sales filed with the county commissioners, shall be filed and preserved, and shall also be copied by the clerk of said court, in a well bound book provided for that purpose, and the list transmitted to the
Auditor shall also be filed, preserved, and copied in like manner.
Patents for land.
How executed
Patents sent to school com.[commissioner]
Sec. 34. Every purchaser of common school lands shall be entitled to a patent from the
State, conveying and assuring the title. Patents shall be made out by the Auditor from the returns made to him by school commissioners. They shall contain a description of the land granted; shall be in the name of and
signed by the Governor, countersigned by the Auditor, with the great seal of State affixed thereto by the Secretary of State, and shall operate to vest in the purchaser
a sure, perfect and absolute title in fee simple. When patents are executed as herein
required, the Auditor shall note on the list of sales, the date of each patent in such manner as to perpetuate
the evidence of its date and delivery, and thereupon transmit the same to the school commissioner of the proper county,
to be by him delivered to the patentee or his assigns, upon the return of the original
certificate of purchase, which certificate, when returned, shall be filed and preserved
by the commissioner.
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Certificates of purchase transferable.
Sec. 35. Certificates of purchase of school lands may be transferred and assigned by written
endorsement thereon, under the hands of the purchaser, and of each assignee, in the same manner as promissory
notes, so as absolutely to transfer and vest in each and every assignee successively,
all right, title and claim to the land purchased, or such transfers or assignments
may be made on a separate paper, in like manner, and with like force and effect; and
patents may be issued to any such assignee, upon filing with the Auditor the original certificate and transfers, and making proof of the facts of assignment
by the affidavit of one or more credible witnesses, taken before a judge, justice
of the peace, notary public, or clerk of a court of record, or a certificate of acknowledgement by the assignor or assignors, before any one of the before named officers.
Duplicate patents how procured.
Sec. 36. Purchasers of school lands, and their heirs and asssigns, may obtain duplicate copies of certificates of purchase and of patents, upon filing
affidavits with the Auditor in respect to patents, and with the school commissioner in respect to certificates,
proving the loss or destruction of the originals; such copies shall be evidence of
the existence of the original.
third division.
Of the loaning school funds.
Monies loaned at 12 percent.
Interest to be paid semi-annually.
Term of loans
Proviso.
Sec. 37. School commissioners shall loan all monies which shall come to their hands in
virtue of their offices, (except such interest as may be required to be paid for the
support of schools,) upon the following conditions: the rate of interest shall be twelve per centum per annum, payable half yearly in advance, the time for which loans may be made shall be not
less than one, nor more than five years; for all sums not exceeding one hundred dollars, loaned for one year, two responsible
securities shall be given; for all sums over one hundred dollars, and for all loans
for more than one year, security shall be given by mortgage on real estate, unincumbered, in value double the amount loaned, with a condition, that in case additional security
shall at any time be required, the same shall be given to the satisfaction of the
commissioner for the time being. Notes and mortgages shall be payable to "the school
commissioner of the county," without inserting the name of the commissioner, for the
use of the township or fund to which the money loaned belongs, and such notes and
mortgages shall be valid although the name of the school commissioner be not inserted
as payee, and the money may be collected thereon by suit or otherwise in the name
of the "school commissioner of the county," for the use stated, without using the
name of the commissioner in the prosecution thereof: Provided, however, That notes and mort-
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gages in which the name of the school commissioner is inserted shall be valid to all
intents and purposes.
Sec. 38. Mortgages to secure the payment of school funds loaned, may be in the form following:
Form of mortgage.
"I, A. B., of the county of and State of
do hereby grant, convey and transfer to the school commissioner of the county of for the use of the inhabitants of township range (or for the use of the county school fund of the county of ) the following real estate, (here describe the premises,) which real estate I declare
to be in mortgage for the payment of $ loaned to me by the said school commissioner, and all interest that may accrue thereon,
to be computed at the rate of twelve per centum per annum until paid; and I hereby covenant to pay the said sum of money years from the date hereof, and to pay interest on the same at the rate aforesaid,
half yearly in advance; I further covenant that I have a good title to said estate,
and that the same is free from all incumbrances; that I will pay all taxes and assessments
which may be levied upon said estate, and if said estate is sold to pay the aforesaid
debt or any part thereof, I will deliver immediate possession to the purchaser. Witness
my hand and seal, this day of 18. (l. s.)"
Upon the breach of any condition or stipulation contained in said mortgage, an action
may be maintained, and damages recovered as upon other covenants, but mortgages made
in any other form, to secure the payment of school funds, shall be valid, and the
rights and remedies thereon shall be the same as if no form had been prescribed for
such mortgages.
Value of lands mortgaged.
Sec. 39. In estimating the value of real estate mortgaged to secure the payment of school
funds, the value of improvements liable to be destroyed shall not be included.
When security is not given
Sec. 40. In all cases when the school commissioner shall require additional security for
the payment of money loaned, and such security shall not be given, the commissioner may sue for and recover the
same, and all interest accruing thereon to the date of judgment: Provided, That proof be made of the said requisition, and of the failure to comply with the
same.
Shall have preference
Sec. 41. In the payment of debts by executors or administrators, those due to school funds,
whether of the State, county or township, shall have a preference over all other debts, except funeral and other expenses attending
the last sickness, not including the physician[’]s bill.
What interest in default of payment.
Sec. 42. If default be made in the payment of interest due upon money loaned by any school
commissioner, or in the payment of the principal, interest at the rate of twenty per centum per annum shall be charged upon the amount for which the party is, or may be in default,
which shall be
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included in the assessment of damages, in suits or actions brought upon the note or
mortgage to enforce payment thereof, and interest at the rate aforesaid may be recovered
in actions brought to recover interest only.
Interest acc’t.[account]
Sec. 43. School commissioners shall keep an interest account with each township, showing the dates and amounts of interest received and paid out, and at the end of
every year this account shall be balanced by transferring interest not paid, or liable
to be paid out, to the principal, and the interest thus transferred shall always thereafter
be regarded and used as principal.
fourth division.
Organization of Common Schools, and application of interest.
Interest and profits how applied
Sec. 44. The interest accruing upon township funds, and all profits arising from the use
of township lands, and all rents received, shall be applied to the support and maintenance of common schools, which may be organized
and kept according to law.
Association may purchase land
Lands held in perpetuity
Sec. 45. Any number of inhabitants of one or more townships may associate themselves together
and purchase not exceeding ten acres of land, and cause the same to be conveyed to the trustees of school lands in the township
wherein the land is situated, by their corporate name, and place thereon a school
house, together with any other buildings which they may deem necessary for the keeping
in operation a common school, and for the encouragement of learning and science generally,
and the said land and improvements shall be held by the said corporation in perpetuity
for the use of the inhabitants associating and purchasing as aforesaid, and their
successors and assigns forever, and the same shall not be diverted from the use intended,
nor used for any purpose than as shall or may be directed by the persons for whose
use the same may be held.
Fund to district school.
Proviso
Sec. 46. There may be organized and kept in operation as many common schools in each school
district as the inhabitants thereof desire, and every teacher shall be entitled to an equal proportion of the district funds
according to the time and number of scholars taught: Provided, That no teacher shall be paid more than the amount agreed to be allowed by the employers.
Appointment of trustees
Proviso
Sec. 47. Whenever a school shall be organized, the employers of the teacher shall meet together at the school house and appoint
three of their number as trustees of the school, and they may then agree upon the
plan and manner of conducting the school, and vest the trustees with power to attend
to the execution of such plan, or they may vest the trustees with power to superintend
and direct the conducting and managing said school in such manner as they may deem
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best for the interest of the school; the trustees shall be appointed within ten days
after the school shall have been opened, and their term of service shall continue
during the continuance of the school: Provided, If the school shall be continued more than one year, trustees shall be elected at
the commencement of each succeeding year.
Duties of trustees
Sec. 48. Trustees of schools appointed according to the foregoing section, shall attend the school from time to time, and see that the same is properly conducted;
that the teacher keeps regular hours; that the school house is properly supplied fuel,
and such furniture as may be necessary to the accommodation of the scholars; they
shall also have special regard to the keeping of a schedule by the teacher in such
manner as to entitle him to compensation out of the school funds.
Teachers to make schedules
Sec. 49. Teachers shall make schedules of the names of all scholars attending their schools
in the form prescribed by this act, and when scholars reside in two or more townships, separate schedules shall be kept
for each township, and the absence or presence of every scholar shall be set down
under the proper date and opposite the name, on every day that the school is open;
the absence of a scholar shall be signified by the letter A, and the presence by the
letter P.
Sec. 50. The schedule to be made and returned by the teacher, shall be, as near as circumstances
will permit, in the following form, viz:
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Form of schedule
SCHEDULE of a common school kept by A. B. at (here describe the location of the house
in which the school is kept) in township sixteen north, range five west, of the third principal meridian, in the county of (Sangamon,) and State of Illinois.
| Names of scholars residing in township sixteen north, range five west. | 1841. Monday, January 4. |
Tuesday, January 5. |
Wednesday, January 6. |
Thursday, January 7. |
Friday, January 8. |
Monday, January 11. |
Tuesday, January 12. |
Wednesday, January 13. |
Thursday, January 14. |
Friday, January 15. |
Monday, January 18. |
Tuesday, January 19. |
Wednesday, January 20. |
Thursday, January 21. |
Friday, January 22. |
Monday, January 25. |
Tuesday, January 26. |
Wednesday, January 27. |
Thursday, January 28. |
Friday, January 29. |
Total. |
|
| John Jones. | P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
20 |
|
| James Jones. | A |
A |
A |
P |
P |
P |
P |
P |
P |
A |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
16 |
|
| Grand | total, | 36 |
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Certificate of teacher
Sec. 51. The teachers shall certify to the correctness of the schedule. This certificate shall be as near as circumstances will permit, in the following
form: "I certify that the foregoing schedule of the names of the scholars therein
named, residing in township range is correct. Given under my hand this day of in the year of our Lord one thousand eight hundred and
J. K., Teacher."
Form of certificate of trustees.
Sec. 52. The form of certificate to be added by the trustees, shall be, as near as circumstances will permit, in the following form, to-wit:
| STATE OF ILLINOIS, | } |
| stCounty of |
We certify that at a meeeting of the employers of A. B., the above named Teacher, held at pursuant to notice
on the day of in the year we were
duly appointed trustees of said school, that we have performed the duties of such
trustees by visiting said school, and superintending the same; that we have examined
the foregoing schedule, and find the same to be correct; that the scholars named therein
were at the dates of their attendance, residents of township sixteen north, range
five west of the third principal meridian, and that there is due to said teacher for
instructing the scholars named in said schedule at the times therein mentioned, the
sum of dollars and cents.
Witness our hands and seals this day of 184.
| C. D. | } | Trustees |
| E. F. | of said | |
| G. H. | school. |
Close of schedules by teachers.
Sec. 53. In closing schedules by teachers, they shall make a list of the names of the scholars attending the school in each
district, then add together the number of days which each scholar has attended the
schools, and set down the total number of days opposite the names of such scholars,
he shall then add together their several amounts, and set down the total number at
the bottom of the schedule; and when schedules are thus closed, teachers shall certify
to the correctness thereof; and the trustees of the school shall carefully examine
such schedules, and after correcting any errors which they may discover, they shall
make a certificate thereon, in which they shall state that they are trustees of the
school, that they have, to the best of their skill and understanding attended to the
duties of trustees, that they have examined said schedules, and believe them to be
correct, and to have been faithfully kept. They shall also state the compensation
agreed to be paid the teacher by the employers, and the amount due such teacher.
Township fund, how payable.
Sec. 54. The township funds, subject to be used in paying teachers, shall be paid out half yearly, (viz:) on the second
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Mondays of January and July, and schedules of schools shall be made so as to include
the last days of December and June, and such period of time previous to those days,
not exceeding six months, as schools may have been kept in operation.
Schedules of schools not incorporated.
Sec. 55. In townships not incorporated, the schedules of schools made and certified as herein required shall be presented
to the school commissioner of the county on or before the first Mondays in January
and July in each year, and said commissioners shall, as soon as may be, make an apportionment
of the funds of each district subject to distribution, among the teachers thereof
according to the number of scholars and number of days taught by each teacher, and
pay the same to the teachers, or to the trustees of the school, for the use of the
teacher, or when the teacher has been paid by the employers, the trustees shall receive
the money for the use of the employers.
Employers of teachers bound.
Sec. 56. The employers of the teachers shall agree upon the compensation to be allowed,
and shall severally be bound to pay their due proportions of the same; but in making
distribution, or dividends of school funds among teachers, the same rate of compensation
shall be allowed to each.
Trustees failing to certify schedules.
Sec. 57. When from any cause the trustees of a school shall fail, neglect or refuse to certify to the correctness of a schedule kept by any teacher,
five of the employers of the teacher may make the certificate required to be made
by the trustees.
FIFTH DIVISION.
Incorporation of townships.
Townships may be incorporated.
Poll book.
Sec. 58. The inhabitants of any congressional township in the State may become incorporated for the purpose of organizing and supporting common schools,
and the trustees of school lands appointed by the commissioners' courts, shall, so soon as the school lands of the township have been offered for sale, cause
elections to he held in their respective townships to enable the inhabitants to decide for or against
being
incorporated under the provisions of this act; the time and place of the election
shall be appointed by the said trustees, and notice shall be given by posting advertisements
thereof at six of the most public places in the township, at least twenty days before
the day of election, and if there be a newspaper published in the township, said advertisement
shall be published in at least three numbers of said paper before the election. The
trustees shall attend the election, and conduct the same, two of them acting as judges,
and one as clerk. A poll book shall be opened with appropriate heading and colums, the names of the voters shall be taken down, and their votes for or against the
incorporation of the township, set down in the proper column, so as to show how they
voted. Every
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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 viva voce. 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 subsequent elections shall be held.
Sec. 59. Elections shall be held as required in the foregoing section, previous to the
lands in the township being offered 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.
Judges of election may be appointed.
Sec. 60. In case any one or more of the trustees shall fail to attend any election, held under the foregoing sections, the 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 attend, 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.
Election of trustees.
Sec. 61. When the inhabitants of a township shall have 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 viva 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.
Powers of trustees.
Name & style
Sec. 62. The five trustees elected under the provisions of the foregoing sections, shall
be successors to the trustees of 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 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.
Poll books, to whom given.
Sec. 63. Upon the election of trustees of schools, the trustees of school lands or the
persons under whose superintendence 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 evidence of the incorporation of the township, as well as of the election
of trustees.
Biennial elections for trustees.
Sec. 64. In townships incorporated as aforesaid, elections shall be held every two years for the five trustees of schools, and at
each election after the first, the trustees in office shall 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 he given by
the treasurer, by posting notices thereof in four of the most public places in the
township, at least twenty days before 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.
Vacancies, how filled.
Sec. 65. If any vacancy shall occur in the office of school trustee in any township in
this State, it shall be the duty of 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-
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tice to designate the time when, and place where such election will be held.
Township, how laid off.
By-laws.
Sec. 66. Trustees of schools shall have a general superintendence 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 same by boundaries and name or number. To purchase libraries for the
use of schools, to provide for the protection and safe keeping of all funds, and property
of the township; to adopt by-laws directing 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 meeting of trustees.
Sec. 67. The said trustees shall meet quarterly at some convenient place in the township
for the transaction of business, at which meetings a majority shall form a quorum.
Treasurer to keep journal.
Term of office
Sec. 68. The said trustees shall, at their first meeting, appoint 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 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 to give bond.
Sec. 69. Every treasurer appointed as aforesaid shall, before 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 , according 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 execute bond with security, as is required
of the first treasurer.
When treasurer shall receive monies &c.
Sec. 70. Whenever a township shall have become incorporated, 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 belonging 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.
Treasurer to provide books
Sec. 71. Every treasurer of a township shall provide himself with two well bound books,
one to be called a cash book 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 money 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.
Treasurer to loan funds.
Sec. 72. In loaning township funds, and taking security therefor, treasurers shall be governed by the law prescribing 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.
Funds kept loaned.
Interest, how disposed of.
Sec. 73. The funds of townships shall be kept loaned at interest by the treasurers, and the interest arising from the funds shall be used under the direction of the
trustees in paying teachers of schools; but whenever money is paid to the treasurer, it shall be forthwith loaned, whether
it consists 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.
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Interest account.
Sec. 74. Treasurers shall keep a separate account of interest 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 statement.
Sec. 75. At any (every) quarterly meeting of the trustees 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.
Statement of interest.
Funds subject to distribution
Sec. 76. On the first days of July and January, of every year, or if that day shall be
the Sabbath, on the succeeding 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 the amount on hand, the same shall
be paid out of the first moneys received. The trustees shall attend on the said days,
and assist in making said interest account, and see that it is correctly made.
When treasurer resigns.
Securities of treas’r[treasurer] bound.
Sec. 77. When a treasurer shall resign or be removed or superseded in office, he shall pay over to his successor all money 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 have any interest whatever. And in case of the death
of a treasurer, his securities and legal representatives shall be bound to comply with the foregoing
provisions of this section.
Organization of common schools.
Sec. 78. The mode of organizing and keeping in operation common schools in townships incorporated,
the appointment of trustees for each school, the keeping and certifying 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 schools made by treasurer used by trustees in distributing funds.
Sec. 79. Treasurers of townships shall, before the second Mondays in January and July
of every year, make abstracts from all the schedules of schools returned to them, showing the name
of each teacher, the total number of scholars attending each school, and the total
number of days taught by each teacher, to be used by the trustees in dividing the
school funds.
Annual m[e]eting of inhabitants.
Notice of meetings.
Sec. 80. The trustees of schools shall call a meeting of the inhabitants of every township
incorporated under the provisions of this act, once in every year, for the purpose of exhibiting 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
<Page 21>
execution and performance of their duties. Notices shall be given of those meetings as in the case of elections for trustees;
and at every such meeting the legal voters of the township may adopt such resolutions
and prescribe such rules and regulations concerning the duties of trustees and the
organizing and supporting common schools, as may be deemed necessary to an efficient
organization and economical support of common schools.
Teachers of Schools, and their qualifications.
Examination of teachers.
Examiners.
Certificate to teacher.
Shall not receive pay until examined.
Sec. 81. The " Trustees of Schools," in incorporated townships, and " School Trustees,"
in townships not incorporated, shall have power, and it shall be their duty, on application
to them for that purpose, to examine any person proposing to teach a school in their vicinity, in relation
to the qualifications of such person as a teacher; and they may call to their assistance
such person or persons as they may deem qualified to conduct such examination; or
may, in their discretion, appoint a board of examiners for said purpose, to consist of not less than three
nor more than five persons, and to continue in office until the next appointment of
trustees. A majority of the trustees or the board of examiners being satisfied that
the applicant possesses the requisite qualifications, shall give a certificate to that effect, stating the particular branches of science
which they find him qualified to teach. And no teacher shall be entitled to receive any compensation from the school fund
until he shall have been examined and received a certificate of qualification, as
herein provided.
Compensation of School Commissioners, Treasurers and Trustees.
Compensat’n[Compensation] of comm’rs.[commissioners]
Of treasurers.
Proviso.
Pay of trustees.
Sec. 82. School commissioners shall be allowed and paid, out of the township funds, for their services in receiving and recording petitions for the sale of school lands,
advertising, selling, making reports, taking security for the purchase money, or loaning
the purchase money, in case it is paid, three per cent. upon the amount of sales: For receiving money which has been loaned and re-loaning
the same, two per cent. upon the amount reloaned; and two per cent. upon the amount of all sums distributed and paid to teachers or trustees for the
support of schools. And the compensation of treasurers of townships shall be the same as that allowed
school commissioners for the same services; but the two per cent. for receiving and re-loaning money shall not be allowed unless there has been (an)
actual payment and re-loaning to another and different person: Provided, however, That trustees of schools shall have the right, and it is made their duty, to reduce
the compensation of treasurers, if in their opinion the compensation herein allowed
is more than is reasonable, or if the inhabitants of the township, in public meeting,
shall request or direct such reduction. Trustees of schools shall not be allowed
<Page 22>
any compensation out of the school funds. Trustees of school lands and their treasurers, in townships not incorporated, shall
be allowed a reasonable compensation for their services, to be fixed by the county commissioners' court, and paid, upon the order of said court, out of the funds of the township.
Regulations in relation to liabilities of Officers and Agents, and
to frauds.
Liability of officers.
Sec. 83. If any school commissioner of a county, trustee of school lands or of schools,
treasurer, or any other person entrusted with the care, control, management or disposition
of school funds belonging to the State, or to any county, or township, or to any school district, or which may be held for
the use of any school, shall convert any such funds, or any portion thereof, to his own use, with intent
to defraud the State, county, township or school, out of the same, he shall be liable to indictment, and,
upon conviction, shall be fined in not less than double the amount of money converted,
and imprisoned in the county jail not less than one nor more than twelve months, in
the discretion of the court.
Trustees liable for securities of treas’r.[treasurer]
Sec. 84. Trustees of school lands and of schools, shall be liable, jointly and severally, for the sufficiency of securities taken from
treasurers; and in cases of judgments against treasurers and their securities, for
or on account of any default of such treasurers, on which the money shall not be made,
for want of sufficient property whereon to levy executions, actions on the case may
be maintained against the trustees, jointly or severally; and the amount not collected
on such judgments shall be recovered with costs.
Comm’rs, &c. real estate of, when liable.
Lien created not defeated by sale of property.
Sec. 85. The real estate of school commissioners and treasurers and their securities,
shall be bound for the satisfaction and payment of all claims and demands against
such commissioners and treasurers, as such, from the date of the issuing process against
them, in action or suits brought to recover such claims or demands, until satisfaction
thereof be made; and no sale or alienation of real estate, by any commissioner, treasurer or security,
as aforesaid, shall defeat the lien created by this section; but all and singular
such real estate, held, owned or claimed, as aforesaid, shall be liable to be sold,
in satisfaction of any judgment which may be obtained in such action or suits.
Common School Fund of the State.
School fund.
Sec. 86. The common school fund of the State, shall consist of the amount due from the State, according to a statement and settlement of the account between the State and that fund, under the provisions of the act, entitled "An act to provide for the
distribution and application of the interest on the school, college, and seminary
funds," approved, on the seventh day of February, one thousand eight hundred and thirty-five;
<Page 23>
and of all funds which have been or may be received by the State from the United States, for the use or support of common schools; and, also, of the
money added to the common school fund, which was received from the United States,
under the act of Congress, providing for a distribution of the surplus revenue of the United States, and which
was vested in bank stock, by authority of the State.
State to pay interest on school fund.
Interest loaned to common school fund.
Sec. 87. The State shall pay an interest of six per cent. per annum, upon the amount of the aforesaid common school fund, which interest shall be paid
annually, on the first day of January, and be applied to the support of common schools,
as hereinafter provided. The State shall also pay, at the time aforesaid, an interest of six per cent. per annum, upon the amount due the college and seminary funds; which interest shall be loaned to the common school fund, and applied with the interest
on the common school funds, as aforesaid.
Apportionm’t[Apportionment] of interest.
Sec. 88. On the first Monday in January, in every year, next after taking the census of
the State, the Auditor of Public Accounts shall, under the supervision of the commissioners of the school fund of the State, ascertain the number of inhabitants in each county in the State, twenty years of age and under; and shall thereupon make a dividend to each county, of the interest due upon the
school, college and seminary funds, in proportion to the number of persons in each
county, of the age aforesaid, and issue his warrants to the treasurer for the amount
due each county, in favor of the school commissioner or other authorized agent thereof;
and dividends shall be made according to the proportions ascertained to be due each
county, annually thereafter, until another census shall have been taken, and then
apportionments shall be made and continued as aforesaid, according to the last census.
Interest apportioned to townships.
Teachers not paid by employers, to be paid directly by comm’r.
Sec. 89. The money received by school commissioners, upon Auditor's warrants, issued according to the foregoing section, shall be divided among the several townships and fractional townships in each county,
according to the number of white children in each township, under the age of twenty
years, agreeable to the following provisions of this act: The money shall be paid
to the treasurers of incorporated townships, and to teachers or trustees in townships
not incorporated. In cases where teachers have been paid by the employers, the money
shall be held for their use; and when the teachers have not been paid by the employers, the money shall be paid
by the school commissioners and treasurers directly to the teachers. Payments under
this section shall be made at the time the interest on township funds is paid, in
January, or so soon thereafter as the funds are obtained from the State Treasurer.
When interest to be added to principal.
Sec. 90. In townships where teachers have been paid the full amount due them, out of the
interest on the township funds, the money paid to treasurers, under the foregoing section, shall be added to the
principal fund of the township, and be loaned and used as principal forever thereafter.
<Page 24>
Distribution of School Funds.
Election of directors and term of office.
Quorum.
Power of directors.
Sec. 91. It shall be the duty of the legal voters within each school district laid off
by the trustees, to meet at the school house, or other suitable place, on the first
Saturday of October next, or so soon thereafter as the township may be incorporated
and districts laid off, and on the first Saturday in October, biennially, thereafter,
and elect three persons, householders within the district, to be styled "School Directors,"
who shall continue in office for the term of two years and until their successors
are elected. A majority of the said directors shall constitute a quorum to do business; and the
board, when convened, shall have power to select building places, and to provide for the building of school
houses, to furnish them with the
necessary accommodations, to employ teachers and fix upon their salaries, to visit
schools from time to time, and appoint school visiters, and to make all such rules and regulations as may be necessary and proper, and not
contrary to the laws of this State.
List of children furnished treasurer.
Proviso.
Further proviso.
Sec. 92. It shall be the duty of the school directors of each school district to furnish
the treasurer of the proper township, by the first Monday in December next, and by the first Monday in December, biennially,
thereafter, with the number of all white children, under the age of twenty years,
residing within the said district: Provided, That "trustees of school lands," in townships not incorporated, containing not more
than one school district, or their treasurer, shall make the enumeration required
by this section, and report to the school commissioner, and receive their distributive
share of the school, college and seminary funds, according to the provisions of this
act: And provided further, That no compensation shall be allowed to school directors for any services required
to be performed by this act.
Districts laid off.
Sec. 93. Trustees of school lands, in townships not incorporated, shall lay off their respective townships into school districts; and should no school
directors be elected on the first Saturday in October next, they shall immediately
appoint three suitable persons, in each school district, who shall have the same powers
as school directors in incorporated townships, and be liable to the same penalties.
The persons so appointed shall make the enumeration in each district, and report the
same to the trustees of school lands, or to their treasurer, and returns shall be
made by the trustees or treasurer, to the school commissioner, in the same manner
that returns are required to be made by treasurers of incorporated townships.
Abstract of children to be furnished school com’r.
Apportionm’t of interest to townships.
Sec. 94. The treasurer of each incorporated township in this State shall, on or before the first Monday in January next, and on the first Monday in
January, biennially, thereafter, furnish the school commissioner with an abstract,
containing the whole number of white children, under the age of twenty years, residing
within his township; and the school commis-
<Page 25>
sioner shall apportion the interest arising from the school, college and seminary
fund, according to the number of children under the age aforesaid, and shall pay over the
distributive share belonging to each township to the respective treasurers thereof
or other authorized person, annually.
Duties of treasurers of townships.
Sec. 95. The treasurer of each township shall charge himself with the amount of the school,
college and seminary fund which he may receive from the school commissioner, for each school district—shall pay to the teachers entitled to the same, their respective
portions; and shall credit himself with the amount paid to the teacher or school directors
of each district; but no apportionment of money shall be made to any school district,
unless a return of the number of white children is made, according to the provisions
of the ninety-second section of this act; and it shall be the duty of each treasurer
to make and keep a record of the boundaries of each school district within his township,
which shall be subject to the inspection of all persons interested.
Returns of schools to be laid before trustees.
Sec. 96. It shall be the duty of treasurers of townships to lay before the trustees of
schools, at their semi-annual meetings, in July and January of each year, a record of the returns made by the school directors, according to the ninety-second
section of this act, containing the number of all white children, under the age of
twenty years, in each school district, within their respective townships; and the
trustees shall make the apportionment of the interest and profits arising from the
township funds, and the interest arising from the school, college and seminary funds,
equally, according to the number of white children, under the age of twenty years,
within each school district, respectively.
Accounts of districts kept separate.
Neglect to keep schools for 10 months.
Proviso.
Sec. 97. The treasurer of each township, whether incorporated or not, shall keep the accounts of the several school districts in his township separate;
but no money shall be paid to teachers, in school districts, unless the directors
of such district shall certify to the schedules and number of resident scholars sent
to school, and shall also specify the amount actually due to the teacher or the directors;
and in case of excess over and above the amount actually due to the teacher or directors
of any school district, the same shall be added to and form a part of the school fund
of the township. And in all cases, when the inhabitants of any school district shall fail or neglect,
for a longer period of time than ten months, in succession, to have a school kept
within the limits of their district, the distributive share belonging to the said
district shall be added to and form a part of the school fund of the township, and
loaned out as other township funds are: Provided, That district funds, in the hands of the treasurer, shall be loaned out, for the
time being, in the same manner and on the same terms that township funds are.
Two or more schools in one district.
Sec. 98. When two or more schools are kept in any school district, the money belonging to such district shall be
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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.
Portions of districts shall unite for schools
Sec. 99. Whenever the situation of the settlements is such as to make it expedient that
a school district shall comprise 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.
Parts of districts to receive portion of funds.
Sec. 100. School directors of districts which are composed of parts of two or more counties
or townships, shall make returns of the number of white children in each fractional
part of said district to the treasurer of the proper township, 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 making false returns.
Sec. 101. School directors, or either of them, failing to make returns of the number of
children in their district according 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 added to the
township fund.
Citizens to have preference.
Proviso.
Sec. 102. In all cases when the township funds can be 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 township in sums not exceeding one hundred
dollars: Provided, That actual purchasers of school lands may borrow sums over one hundred dollars.
Conveyance of lands.
Sec. 103. In all cases of purchase or donation of land on which to erect school houses,
the conveyance shall be made to the trustees of schools, and their successors in
office.
Ferries, Public Highways, &c.
Exclusive right.
Proviso.
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-
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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.
When ferry shall be granted.
Sec. 105. If the township or fractional township having the right to establish a ferry
according to the foregoing section, shall have been, or be incorporated, then the 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.
Ferry privileges.
Sec. 106. Ferry privileges granted or obtained under the foregoing provisions, shall be leased in the same manner as common school lands, and the rents shall be
collected and applied in the same manner and to the same objects as rents of land.
Damages assessed.
Right of way.
Sec. 107. When any public road, canal, or other public work, shall be laid out or constructed
over or upon any common 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 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:
Act of Feb[February] 17, 1819, repealed
"An act to prevent trespassing by cutting timber," approved, seventeenth February, one thousand eight hundred and nineteen, so far as
it relates to sections number sixteen.
Feb. 17, 1827.
"An act relating to schools," approved, seventeenth February, one thousand eight hundred and twenty-seven.
Jan.[January] 26, 1826.
"An act to prevent persons from trespassing on seminary
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and school lands," approved, twenty-sixth of January, one thousand eight hundred and twenty-six, so
far as it relates to section number sixteen.
Jan. 22, 1829.
Feb. 15, 1831.
"An act authorizing the sale of section number sixteen, or such lands as may be granted in lieu thereof, to the inhabitants 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, fifteenth of February, one thousand eight
hundred and thirty-one.
Mar.[March] 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," approved, twelfth of February, one thousand eight hundred and thirty-three.
Feb. 22, 1833.
"An act confirming certain leases of school lands," approved, twenty-second February, one thousand eight hundred and thirty-three.
Feb. 12, 1835.
"An act providing for the security of the school funds," approved, 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.[January] 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, sixteenth January, one thousand eight hundred and thirty-six.
Mar.[March] 4, 1837.
"An act to amend the several laws in relation to common schools," approved, fourth March, one thousand eight hundred and thirty-seven.
Feb. 27, 1839.
"An act in addition to the several acts authorizing and regulating the sale of school
lands," approved, twenty-seventh February, one thousand eight hundred and thirty-nine.
Feb. 16, 1839.
"An act authorizing ferries on school lands, for the use of the inhabitants of townships,"
approved, sixteenth of February, one thousand eight hundred 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. to continue.
Rights & duties of officers.
Lands unsold.
Contracts declared valid.
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 powers shall be governed
by the provisions herein contained. Trustees of school lands heretofore appointed
by county commissioners' courts, shall also continue to discharge the duties 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 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 remain valid, and shall be enforced
notwithstanding the repeal of said laws.2
Approved, February 26, 1841.
1On December 30, 1840, the Senate passed a resolution instructing the Committee on School Lands and Education to investigate
the expediency of revising and amending the school laws. In response to this resolution,
William H. Davidson of the Committee on School Lands and Education introduced the bill in the Senate on January 16, 1841. On January 18, the Senate referred the bill back to the Committee
on School Lands and Education with instructions to amend the bill so that each township
and school district would receive public money in proportion to the respective number
of children under the age of twenty-one. The Committee on School Lands and Education
reported back the bill on January 21 with amendments, in which the Senate concurred.
The Senate passed the bill as amended on January 28. On February 12, the House of Representatives tabled the bill, refusing to print it by a vote of 39 yeas to 43 nays, with Abraham Lincoln voting nay. The House then re-considered its voting tabling the bill, referring
the bill with instructions to a select committee by a vote of 42 yeas to 37 nays,
with Lincoln voting yea. The select committee reported back the bill on February 25
with amendments. The House rejected a motion to table the bill and amendments by
a vote of 17 yeas to 57 nays, with Lincoln voting yea. The House rejected the select
committee’s amendments by a vote of 29 yeas to 50 nays, with Lincoln voting yea.
The House agreed to read the bill a third time by a vote of 54 yeas to 24 nays, with
Lincoln voting nay. The House then passed the bill. On February 26, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives, of the Twelfth General Assembly of the State
of Illinois, At Their Second Session, Begun and Held in the City of Springfield, December
7, 1840 (Springfield, IL: William Walters, 1840), 293, 294, 332, 377-78, 501-02, 555; Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At
Their Second Session, Begun and Held in the City of the Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 124, 171-72, 175-76, 191, 218, 407, 411,
415, 430.
2On February 12, 1841, the House of Representatives rejected a motion to print the bill. On February 25, the Senate passed a resolution
to have 4500 copies printed. The House concurred with this resolution on February
27.
Journal of the House of Representatives, of the Twelfth General Assembly of the State
of Illinois, At Their Second Session, Begun and Held in the City of Springfield, December
7, 1840 (Springfield, IL: William Walters, 1840), 377, 555; Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At
Their Second Session, Begun and Held in the City of the Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 407.
Printed Document, 29 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 259-87, GA Session: 12-2,