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present it, certified by himself and the chairman, to the district. directors.

TAXES.

any

§ 82. On the first Saturday of May next, and on the first Saturday of May annually thereafter, the inhabitants, legal voters of school district in this state, may meet together at some convenient place in the district, for the purpose of voting for or against levying a tax for the support of common schools, for building and repairing school houses, or for other school purposes, or to pay existing debts, contracted for school purposes before that time, in the district. The school directors shall give ten days' notice of such meeting, by posting up notices in at least six public places in the district, setting forth therein the time, place, and object of such meeting; and said meeting shall be organised between the hours

People to meet 1st Saturday in

May annually, and vote for or

against tax for

school purpo

ses.

of one and three o'clock, P. M.; Provided, that if five of said in- May have called habitants request it, school directors shall call such meeting to meetings. be holden upon any Saturday, notice to be given as aforesaid.

§ 83. The inhabitants, legal voters, when convened as above Organisation of provided, shall organise by appointing one of their number chair- meeting. man, and another secretary. They shall then determine by vote, in such manner as they may choose, first whether they will levy a tax on the taxable property in said district for the purposes, or either or any of them, in section eighty-two specified; if a majority of the voters residing in the district shall be for a tax they shall determine upon the rate to be levied for the current year, not exceeding twen- Rate of taxation. ty-five cents on the one hundred dollars, and to what purpose or purposes, authorised in sections eighty-one and eighty-two hereof, the amount raised by tax shall be applied. The secretary shall keep a true and correct record of the proceedings of such meeting, which shall be certified and signed by the chairman and secretary, and presented by said secretary, together with all the names of all the resident tax payers of the district, to the district directors; Provided, that for purchase of lot or building, and furnishing school Proviso. house, the rate of taxation may be any amount determined by vote as aforesaid, not exceeding five hundred dollars in the aggregate; Tax unlimited Provided, that in incorporated towns and cities a tax for school purposes may be voted for and levied, not exceeding fifty cents on the one hundred dollars, and to an amount not exceeding a thousand 50 cts. to $100. dollars for buildings and school purposes.

COMPENSATION OF OFFICERS.

for certain

purposes. Towns & cities

com'r.

584. School commissioners shall be allowed to retain out of Compensation the township funds of the township for which the services were of co. school rendered, three per cent. upon the amount of sales, for their services in receiving and recording petitions for the sale of school lands, advertising, making reports, taking security for the purchase money; and two per cent. he shall retain of the amount of all sums distributed or paid to township treasurers for the support of schools.Township treasurers shall be allowed two per cent. upon all funds of township paid out, and two per cent. upon all funds loaned; but the two per cent. for funds loaned shall not be allowed, unless there has been

(m)

treasurer.

er's pay.

an actual payment and re-loaning to another and different person; Trustees to reg- Provided, however, that trustees of schools shall have the right, and ulate treasur- it is made their duty, to reduce the compensation of said treasurer, if, in their opinion, the compensation herein allowed is more than County court to is reasonable. The county court of each county is hereby authorpay com. as er ised and required to pay the school commissioners of their respecofficio county superintend❜t. tive counties, such amount as they shall deem right and proper, not exceeding two dollars per day for each day, not exceeding fifty days per year, that said commissioners are actually engaged in the discharge of their duties as ex officio superintendants of schools, in their counties.

Officer to be in

bezzlement of funds.

LIABILITIES OF OFFICERS.

§ 85. If any school commissioner, trustee of schools, township dicted for em- director, or any other person entrusted with the care, control, management, or disposition of any common school, college, seminary, or township fund, for the use of any county, township, district, or school, shall convert any such funds, or any portion thereof, to his own use, 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 or more than twelve months, at the discretion of the court.

Trustees to be

rities taken.

§ 86. Trustees of schools shall be liable, jointly and severally, liable for secu- for the sufficiency of securities taken from township treasurers; and in case of judgment against said 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 execution, actions on the case may be maintained against said trustees, jointly or severally, and the amount not collected on said judgment shall be recovered with costs; Provided, that if said trustees can show satisfactorily, that the security taken from the treasurers as aforesaid was at the time of said taking good and sufficient, they shall not be liable as aforesaid.

Proviso.

held liable.

Real estate of § 87. The real estate of school com:nissioners of township school officers treasurers, and of the securities of each of them, shall be bound for the satisfaction and payment of all claims and demands against said commissioners and treasurers, as such, from the date of issuing process against them, in actions or suits brought to recover such claims or demands, until satisfaction thereof be obtained; and no sale or alienation of real estate by any commissioner, treasurer, or security 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 actions or suits.

Depreciated funds to be sold.

DEPRECIATED FUNDS.

§ 88. All township treasurers or school commissioners, having on hand any State Bank or Bank of Illinois paper, or other depreciated funds, are hereby authorised, under the direction of the trustees of schools, to sell the same for their cash value, and adjust their accounts accordingly. And all such sales heretofore made by school commissioners or trustees are hereby declared legal and valid.

COSTS.

ed in certain

cers.

continued.

§ 89. No justice of the peace, probate justice, constable, clerk No costs allowof any court, or sheriff, shall charge any costs in any suit where any Cases. agent of any school fund, suing for the recovery of the same, or any interest due thereon, is plaintiff, and shall be, from any cause, unsuccessful in such suit. School commissioners appointed hereto- Tenure of offifore shall continue in office until superseded according to the provisions of this act, and their duties, responsibilities, and powers shall be governed by the provisions herein named. Trustees of school lands heretofore appointed, and trustees of schools heretofore elected, shall, also, continue to discharge the duties of their office until trustees of schools are elected under the provisions of this act. Townships heretofore incorporated shall, without any Existing organfurther action or proceeding, be considered as incorporated under isations to be the provisions of this act, and the trustees and other officers shall continue to discharge their duties till suspended by appointment or election under this law; but the rights, powers, and duties of all such officers shall be regulated by the provisions hereof. All school districts heretofore laid off may remain as if they had been laid off under the provisions of this act; and all school directors heretofore appointed shall continue in office as if they had been appointed by the provisions of this act. Until superseded by election, as provided in this act, they shall be governed 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 terms prescribed by this act. All contracts made Acts under forunder the laws hereby repealed shall remain valid, and all rights, clared valid. remedies, defences, and causes of action, existing, or which may hereafter exist or arise, under or by virtue of said repealed laws, shall continue and remain valid, and shall be enforced notwithstanding the repeal of said laws, unless cancelled according to the provisions of this act.

Districts do.

mer law de

ACTS REPEALED.

§ 90. An act entitled "an act making provisions for organising Acts of '41,246, and maintaining common schools," in force July first, 1841, and an & '47 repeal'd. act entitled "an act to establish common schools," approved February 26th, 1845, the act entitled "an act to establish and maintain common schools," approved March 1st, 1847, and all other acts and parts of acts coming in conflict with the provisions of this act are hereby repealed.

This act to be in force from and after the last day of March, This act in force 1849.

from passage.

§ 91. The public printer is hereby required to print fifteen Printing. thousand copies of this act, under the direction of the secretary of state, who shall first make a perfect index hereto, to be distributed by him, according to population, among the several counties of the state, and deposited with the school commissioners, to be distributed by them to the township treasurers for the use of the different officers under this law.

APPROVED February 12, 1849.

In force,

Feb. 2, 1849.

AN ACT to authorise the school commissioner of La Salle county to pay townships twenty-nine and thirty north, of range one east, of the third principal meridian, in Marshall county, their proportion of school money.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the school commissioner of La Salle county is hereby authorised and required to pay over to the trustees of schools, or other authorised persons, of townships twenty-nine and thirty north, range one east, in Marshall county, the amount of school funds they would have received had they remained part of La Salle county.

§ 2. The amount due said townships shall be estimated by the number of children in said townships when they were attached to. Marshall county, in the same manner the school funds are distributed in other cases, and not by the number of voters in said township, as now provided by law.

§3. This act to be in force from and after its passage.
APPROVED February 2, 1849.

In force,

Feb. 2, 1849.

AN ACT to provide for the equitable division of the school fund in Gallatin aud
Saline counties.

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SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the school funds, whether existing in moneys, notes, mortgages, or other securities that belonged to the county of Gallatin when the following acts were passed, viz: "an act entitled an act to enlarge Hardin county," and an act entitled an act to divide the county of Gallatin and to form out of the same the county of Saline," both passed at the last session of the legislature of this state, shall be divided between the counties of Gallatin, Saline, and Hardin, for the use and benefit of the several townships and fractional townships in each of the counties of Gallatin and Saline, and also in that part of said Hardin county which, by the act aforesaid, was stricken off from said Gallatin county, according to the number of white children in each township or fractionai township under the age of twenty years; and all such school funds as may have been received by the school commissioner of the counties of Gallatin and Saline, since the passage of the abovementioned acts, and prior to this time, shall be divided between the counties of Gallatin and Saline, as aforesaid.

§ 2. It shall be the duty of the school commissioners of Gallatin and Saline counties to ascertain the number of white children in the different townships and fractional townships in their respective counties under the age of twenty years, and it shall likewise be the duty of the school commissioner of Hardin county to ascertain the number of such white children, under twenty years of age, in that part of said Hardin county so stricken off from Gallatin as aforesaid; and after the same shall be ascertained it shall be the duty of each of the school commissioners of the said counties of Gallatin, Saline, and Hardin, to meet together at Equality, in Gallatin county, on some day to be agreed upon by said commissioners, prior to the first day of October, 1849, who shall then and

there proceed to make an equitable division of said school fund between said counties as is heretofore provided in this act.

§ 3. The seventh section of the act entitled "an act to divide the county of Gallatin, and to form out of the same the county of Saline," approved February 26th, 1847, which relates to said school fund, be, and the same is hereby, repealed.

§ 4. This act to take effect from and after its passage. APPROVED February 2, 1849.

AN ACT to authorise the sale of school lands in township number eight north, of range number seven east, in Effingham county.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the trustees of schools of township number eight north, of range seven east, in Effingham county, be, and they are hereby, empowered to sell the school lands of said township, upon the terms and in the manner now provided by law, upon the petition of three-fourths of the adult inhabitants of said township.

§ 2. This act to be in force from and after its passage. APPROVED February 6, 1849.

In force, Feb. 6, 1849.

AN ACT to provide for the sale of lands and town lots in township four north, range nine west, in Hancock county.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the trustees of schools in township four north, range nine west, in Hancock county, be, and they are hereby, authorised to sell all lands and town lots belonging to and rightfully owned by said township, except section sixteen of said township.

§ 2. The said sale to be at the door of the Warsaw House, in the town of Warsaw, in said county, between the hours of ten o'clock A. M. and five o'clock P. M., and said trustees may sell said land and town lots without regard to valuation, as is now required by law; said sale to be at public auction to the highest and best bidder; the payment of which shall be secured by mortgage upon real estate, as required by the school laws now in force in this state. § 3. The trustees of schools in said township shall give notice in some public newspaper in said county, at least six weeks before said sale, of the time and place of the same, and also to post up written notices in at least three of the most public places in said town, stating the time and place of said sale; and the said trustees are hereby authorised to sell said land and town lots on a credit of any number of years they may think most conducive to the interest of the township.

§4. This act to take effect from and after its passage. APPROVED February 10, 1849.

In force, Feb. 10, 1549.

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