Yeas and nays. The yeas and nays shall be taken, and entered on the records of the proceedings of the board, upon all questions involving the expenditure of money. None of the powers

Powers exercised only at meetings. herein conferred upon the board of education shall be exercised by them except at a regular or special meeting of the board.

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Annual report. The board of education shall annually prepare and publish in some newspaper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of education pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the objects of such expenditures.

Conveyances. All conveyances of real estate shall be made to the township trustees, in trust for the use of schools, and no conveyance of any real estate or interest therein, used for school purposes, or held in trust for schools, shall be made except by the board of trustees, upon the written request of such board of education.

School fund subject to order of board. All moneys raised by taxation for school purposes or received from the State common school fund, or from any other source, for school purposes, shall be held by the township treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof.

Special law may be abandoned. Any city, incorporated town, township or district in which the free schools are now managed under any special act, may, by a vote of its electors, cease to control such schools under such special act, and become a part of the school township in which it is situated, and subject to the control of the trustees thereof under and according to the provisions of this act.

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Vote-organization under general law. Upon petition of fifty voters of such city, town, township or district, presented to the board having the control and management of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof by posting not less than five notices in the most public places in such city, town, township or district, the question of Organization under the Free School Law;" and if it shall appear, on a canvass of the returns of said election, that a majority of the votes cast at such election are "For Organization under the Free School Law," then at the next ensuing regular meeting of the board of trustees of the township or townships in which such city, incorporated town, township or district is situated, said trustees shall proceed to re-district the township or townships as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhabitants in their respective townships, and to make division of funds and other property in the manner provided by section 33 of this act, and at the next ensuing election of director, directors or a board of education, as the case may be, shall be elected in each of the new districts so formed, as provided in section 42 of this act.

Powers of board in cities of 100,000 inhabitants. In cities having a population exceeding one hundred thousand inhabitants, the board of education shall have charge and control of the public schools in such cities, and shall have power, with the concurrence of the city council

First-To erect or purchase buildings suitable for school houses, and keep the same in repair.

Second-To buy or lease sites for school houses, with the necessary grounds.

Third-To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds; to borrow money for school purposes upon the credit of the city.

The board of education shall have power

First-To furnish schools with the necessary fixtures, furniture and apparatus.

Second-To maintain, support and establish schools, and supply the inadequacy of the school funds, for the salaries of school teachers, from school taxes.

[*977] Third-To hire buildings or rooms for the use of the board. Fourth-To hire buildings or rooms for the use of schools.

Fifth-To employ teachers, and fix the amount of their compensation. Sixth-To prescribe the school books to be used, and the studies in the different schools.

Seventh-To lay off and divide the city into school districts, and from time to time to alter the same and create new ones, as circumstances may require, and generally to have and possess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances as may be necessary or deemed expedient for such purpose.

Powers denied city council. Schools in such cities shall be governed as hereinafter stated, and no power given to the board shall be exercised by the city council.

Candidates for teachers-government and discipline of schools. The board of education shall have the entire superintendence and control of the schools, and it shall be their duty to examine all persons offering themselves as candidates for teachers, and when found well qualified, to give them certificates thereof gratuitously to visit all the public schools as often as once a month; to inquire into the progress of scholars, and the government of the schools; to prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner; to prescribe what studies shall be taught, what books and apparatus shall be used.

Expulsion of pupil-removal of teacher. They shall have power to expel any pupil who may be guilty of gross disobedience or misconduct, and to dismiss and remove any teacher, whenever in their opinion he or she is not qualified to teach, or whenever from any cause the interests of the schools may, in their opinion, require such removal

or dismission.

Apportionment of scholars. They shall have power to apportion the scholars to the several schools.

By-laws, rules and regulations. It shall be their duty to establish all such by-laws, rules and regulations for the government and for the establishment and maintenance of a proper and uniform system of discipline in the several schools, as may, in their opinion, be neces

sary.

Teachers. They shall determine from time to time how many and what class of teachers may be employed in each of the public schools, and employ such teachers and fix their compensation.

School property-supplies. It shall be the duty of the said board to take charge of the school houses, furniture, ground and other property belonging to the school districts, and see that the same are kept in good condition and not suffered to be unnecessarily injured or deteriorated, and also to provide fuel and such other necessaries for the schools as in their opinion may be required in the school houses or other property belonging to said districts.

President-secretary-officers-record. The said board shall appoint a president and secretary, the president to be appointed from their own number, and shall appoint such other officers and employees as such board shall deem necessary, and shall prescribe their duties and compensation and terms of office; and the said board shall provide well bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings.

Yeas and nays. The yeas and nays shall be taken, and entered on the records of the proceedings of the board, upon all questions involving the expenditure of money.

Powers exercised only at meetings. None of the powers herein conferred upon the board of education shall be exercised by them except at a regular meeting of the board.

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Suggestions to city council. It shall be the duty of the board to report to the city council, from time to time any suggestions that they deem expedient or requisite in relation to the schools and the school fund, or the management thereof, and generally to recommend the establishment of such schools and districts. Report. The board of education shall prepare and publish an annual report, which shall include the receipts and expenditures of each school, specifying the source of such receipts, and the object of such expenditures.

Furnish information to city council. They shall also communicate to the city council, from time to time, such information within their possession as may be required.

Leases-loans-conveyances-sale, etc. They shall have power to lease school property and to loan moneys belonging to the school fund; but all conveyances of real estate shall be made to the city in trust for the use of schools, and no sale of real estate or interest therein used for school purposes or held in trust for schools, shall be made except by the city council, upon the written request of such board of education.

School funds subject to order of board. All moneys raised by taxation for school purposes or received from the State common school fund, or from any other source for school purposes, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and city clerk; but said board of education shall not add to the expenditures for school purposes any thing over and above the amount that shall be received from the State common school fund, the rental of school lands and the amount annually appropriated for such purposes. If said board shall so add to such expenditure, the city shall not, in any case, be liable therefor.

Number and appointment of members. From and after the time this act shall take effect, the board of education in such cities shall consist of fifteen members, to be appointed by the mayor by and with the advice and consent of the common council, five of whom shall be appointed for the term of one year, five for the term of two years, and five for the term of three years; and at the expiration of the term of any members of said board, their successors shall be appointed in like manner.

Vacancy. Any vacancy which may occur shall be filled by the appointment of the mayor, with the approval of the common council for the unexpired term.

Residence qualification, Any person having resided in such city more than five years next preceding his appointment, shall be eligi ble to said office.

No tax levy by authority of board. Nothing herein shall be so construed as to authorize any board of education to levy or collect taxes, or to require the city council to levy and collect any tax upon the demand or under the direction of such board of education.

COMMON SCHOOL LANDS.

81. What are common school lands. 81. Section number 16 in every township granted to the State by the United States for the use of schools, and such sections and parts of sections as have been or may be granted, as aforesaid, in lieu of all or part of section number 16, and also the lands which have been or may be selected and granted as afore said, for the use of schools, to the inhabitants of fractional townships in which there is no section number 16, or where such section shall not contain the proper proportion for the use of schools in such fractional townships, shall be held as common school lands; and the provisions of this act referring to common school lands shall be deemed to apply to the lands aforesaid. [L. 1857, p. 292, § 81.

82. Business transacted where-trespass. § 82. All the business of such townships, so far as relates to common school lands, shall be transacted in that county which contains all or a greater portion of said lands. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sapling, or log, [*979] standing or being upon any school lands, such person shall for feit and pay for every tree, sapling or log so felled, boxed, bored, de

stroyed or carried away, the sum of $8; which penalty shall be recovered with costs of suit, by an action of debt or assumpsit, before any justice of the peace having jurisdiction of the amount claimed, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by action of qui tam, in the name of any person who will first sue for the same-onehalf for the use of the person suing, the other half to the use of the township aforesaid. When two or more persons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein imposed. Every trespasser upon common school lands shall be liable to indictment, and, upon conviction, fined in three times the amount of the injury occasioned by said trespass, and shall stand committed as in other cases of misdemeanor. [See "Timber," ch. 136, §§ 8, 9: Criminal Code," ch. 38, § 269. L. 1857, p. 293, 82.

Fines paid to township treasurer. All penalties and fines collected under the provisions of this section shall be paid to the township treasurer, and be added to the principal of the township fund. [L. 1857, p. 293, 82.

Disposition of other fines-duty of officers. And all other fines, penalties and forfeitures imposed or incurred in any of the courts of record, or before any justice of the peace of this State, except fines, forfeitures and penalties incurred or imposed in incorporated towns or cities, for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the school superintendent of the county wherein such fines, forfeitures and penalties have been imposed or incurred, who shall give his receipt therefor; and the same shall be distributed by said superintendent, annually, in the same manner as the common school funds of the State are distributed; and it shall be the duty of the State's attorneys of the several judicial circuits to enforce the collection of all fines, forfeitures and penalties imposed or incurred in the courts of record in their several circuits, and to pay the same over to the school superintendents of the counties wherein the same have been imposed or incurred, retaining therefrom the fees and commissions allowed them by law; and it shall be the duty of the said justices of the peace to enforce the collection of all fines imposed by them, by any lawful means; and when collected, the same shall be paid by the officer charged with the collection thereof to the school superintendent of the county in which the same was imposed. Clerks of said courts of record, State's attorneys and justices of the peace, shall report, under oath, to the school superintendent of their respective counties, by the first of March, annually, the amount of such fines, penalties and forfeitures imposed or incurred in their respective courts, and the amount of such fines, forfeitures and penalties collected by them, giving each item separately; and the officer charged with the collection thereof, and said clerks, State's attorneys and justices of the peace, for a failure to make such report, shall be liable to a fine of $25 for each offense, to be recovered in a civil action at the suit of the school superintendent of the proper county. [L. 1865, p. 124, § 28.

Penalty for neglect of duty. For a failure to pay any such fines, forfeitures or penalties, on demand, to the person who is by law