comptroller, if there shall be any city comptroller appointed, if not then by the city clerk. (As amended by an act approved April 22, 1899.)

§ 27. Said board of education shall not add to the expenditures for school purposes anything over and above the amount that shall be received from the State common school fund, the rental of school lands or property, 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. And nothing herein contained shall be construed so as to authorize any such board of education to levy or collect any tax upon the demand, or under the direction of such board of education.

§ 28. All schools in such cities shall be governed as herein before stated and no power given to the board of education shall be exercised by the city council of such city.

ARTICLE VII.

TEACHERS.

§ 1. No teacher shall be authorized to teach a common school under the provisions of this act who is not of good moral character, at least 18 years of age, if a male, or 17 years of age, if a female, and who does not possess a certificate of qualifications as hereinafter provided for: Provided, that in any county in which a county normal school is established, under the control of a county board of education, the diplomas of graduates in said normal school shall, when directed by said board, be taken by the county superintendent as sufficient evidence of qualification to entitle the holder to a first grade certificate, but such diplomas shall not be sufficient after two years from such graduation.

§ 2. It shall be the duty of the Superintendent of Public Instruction to grant State certificates to teachers that may be qualified to receive them. Such certificates shall be valid in every district in this State during the good behavior of the holder thereof. But such certificates shall be granted only upon public examination, under such regulations and by such examiners as the Superintendent of Public Instruction shall prescribe and appoint: Provided, however, that such examination shall be complete in itself. And, provided, further, that the Superintendent of Public Instruction shall have power to suspend the operation of any State certificate for immorality or other unprofessional conduct. Before entering upon his duties as teacher, the holder of any State certificate shall present the same to the county superintendent for registration. A fee of one dollar shall be charged therefor and covered into the institute fund. (As amended by an act approved May 12, 1905.)

§ 3. It shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examination, be found

qualified. Said certificates shall be of two grades; those of the first grade shall be valid in the county for two years, and shall certifiy that the person to whom such certificate is given is of good moral character and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, civics, the elements of natural sciences, the history of the United States, the history of Illinois, physiology and the laws of health. Certificates of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is given is of good moral character, and is qualified to teach orthography, reading in English, penmanship. arithmetic, English grammar, modern geography, civics, the history of the United States and the history of Illinois: Provided, that teachers exclusively teaching music, drawing, penmanship, bookkeeping, German, or any other special study, shall not be required to be examined except in reference to such special study, and in such cases it shall not be lawful to employ such teachers to teach any branch of study except such as they have been examined upon and which shall be stated in the certificates. The county superintendent may, in his option, renew said certificates at their expiration by his endorsement thereon, and may revoke the same at any time for immorality, incompetency or other just cause.

Said certificates may be in the following form, viz:

.Illinois,.

..in

A. D..... The undersigned having examined. orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, civics, the history of the United States, the history of Illinois, and methods of teaching, and being satisfied that.. .is of good moral character, hereby certifies that. tions in the above branches are such as to entitle.

to this certificate, being of the...

.qualifica

..grade, and valid in said county for ...year... from the date hereof, renewable at the option of the county superintendent by his endorsement thereon.

Given under my hand and seal at the date aforesaid.

A.....

B..

County Superintendent of Schools.

(As amended by an act approved May 12, 1905.)

1. Section 3, article 7, provides, that it shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examination, be found qualified; that such certificates shall be of two grades; that those of the first grade shall be valid in the county for two years and shall certify that the person to whom the certificate is given is of good moral character and qualified to teach certain subjects therein specified. This section further provides, that the county superintendent may, in his option, renew said certificates at their expiration by his endorsement thereon. Van Dorn v. Anderson, 117A-618.

2. By virtue of this section, a county superintendent has power, and it is his duty, to determine whether or not the person examined is qualified to teach; the grade of certificate to which he is entitled, and, upon the expiration of a certificate, whether or not it shall be renewed. These questions are by the statute submitted to the decision of the superintendent. The act of ascertaining and determining what are the requisite facts upon which his action must be predicated, is in its nature judicial, involving investigation, judgment and discretion. With the exercise of such discretionary power, the courts are precluded from interfering, unless the same be grossly abused, or exercised from selfish and unworthy motives, or there is such an evasion of

positive duty as to amount to a virtual refusal to perform the same, in which event such abuse of discretion or failure to act will be controlled by mandamus. Ibid.

3. When a county superintendent has once determined that an applicant is qualified to teach, and the grade of certificate to which he is entitled, or that he is entitled to a renewal of a certificate theretofore granted, his discretionary or judicial powers are exhausted. The resultant duty to issue a certificate to that effect, or to endorse a renewal upon a former certificate, being imperative, specific, well-defined and not requiring the exercise of judgment or discretion, is ministerial merely, and the performance of that duty may, upon his neglect or refusal to act, be coerced by a peremptory writ of mandamus. Ibid.

4. Where a certificate, although upon its face in accordance with the statute, fails to correctly state the true date of its issuance, or is in any particular false, nntrue or erroneous, mandamus will lie to compel either the issuing by the county superintendent of a true and correct certificate, or the correction of the one already issued so that it will correctly and truly state the facts. Ibid.

5. The action of a county superintendent in ante-dating a certificate is without legal justification and unwarranted, no matter what his motive may be. A certificate being the only evidence a teacher can possess or obtain as to his right to teach, he is entitled to have it show such authority for the full term provided by statute. Where a teacher is deprived of such evidence by the arbitrary, unauthorized and illegal act of a county superintendent and thereby rendered unable to exercise his profession, he loses a valuable property right, to regain which the remedy by mandamus is properly invoked.

Ibid.

6. A certificate of qualification, obtained from the county superintendent, is prima facia evidence of the fact of his competency to teach. The law does not require the highest possible qualifications, or a talent for his profession equal to the most eminent and successful teachers. It requires only average qualification and ability, and the usual application to the discharge of the duties of a teacher, to fulfill his contract. Neville v. School Directors, 36-71.

7. A certificate is prima facia evidence of qualification. It cannot be impeached, although it may be overcome by proof of incompetency. Neither can it be properly shown that for any particular certificate, the teacher was examined by the county superintendent. If the county superintendent had previously examined him and thereupon given him a certificate, a renewal does not require another examination. Doyle v. School Directors, 36A-653.

8. The statute provides that no teacher shall be authorized to teach a common school, who does not possess a certificate as required by this section. It is made the duty of the county superintendent to grant certificates to such persons as may upon due examination, be found qualified, and it is provided that he shall certify that the person to whom such certificate is given is qualified to teach the enumerated branches. School District v. Sterricker, 86-595.

9. While the statute imposes no duty to give to any one a certificate, exeept to a person found qualified upon due examination, yet the statute does not require the certificate to state upon its face what the examination was, or that such examination was had. The statute requires the certificate to state that the person to whom the certificate is given is qualified to teach the branches enumerated. Ibid.

10. A certificate is not invalid for want of conformity to the form furnished in the statute. The statute prescribes what fact the certificate must state, and then adds, that the certificate may be drawn in a given form. The word may in this case was not intended to be interpreted must. The certificate is in the nature of a commission. and cannot be attacked collaterally. Ibid.

11. The date appearing on the face of a contract is not conclusive even against the parties to it. Holding a teacher's certificate at the time of accepting their proposition and contracting with them in writing, the contract

is valid and binding on the directors, and in discharging the teacher without cause they become liable for the amount of wages according to contract, unless it be shown that such teacher could have procured work of a similar character. And to show this fact is incumbent on the directors to reduce the amount to be recovered. School District v. Stilley, 36A-133.

§ 4. Each county superintendent shall also keep a record, in a book provided for that purpose, of all teachers to whom he grants certificates. Said record shall show the date and grade of each certificate and all renewals granted, and the name, age and nativity of each teacher; and shall give the names of male and female teachers separately. Said record may be as follows, viz:

Name.

Age. Nativity. Date. Grade. Experience.

Chas. Thompson. 25 Illinois.. Mar. 1, 1888 1 Has taught 5

years.

Graduated.

Normal University

§ 5. No teacher shall be entitled to any portion of the common school or township fund, or other public fund, or be employed to teach any school under the provisions of this act, who shall not, at the time he enters upon his duties as such teacher, have a certificate of qualification obtained under the provisions of this act from the superintendent of the State, or the county superintendent of the county in which the school is located, entitling him to teach. (As amended by act approved June 19, 1893.)

1. Prior to July 1, 1893, the statute provided that no teacher should be entitled to any portion of the school fund or be employed to teach who had not, at the time of the employment, a certificate of qualification, but the amendment in force on the day mentioned, it is sufficient that the teacher shall have the certificate at the time he enters upon his duties as such teacher. Pollard v. School District, 65A-104; School Directors v. Orr, 88A-648.

2. By this section of the statute, the possession by the teacher at the time he enters upon his duties as such teacher, of a legal eertificate of qualification, is made a condition precedent to his right to receive any portion of the public money for his services, and the facts necessary to constitute a compliance with the statute in this respect must be distinctly and affirmatively alleged in a declaration to recover for the services of a teacher, or to recover damages from the school district for the breach of a contract to teach. Stanhope v. School Directors, 42A-570.

3. A school district created by virtue of any special act, is a common school district. The public schools taught in it are common schools, and there is no reason why the general law of the State for the securing of competent teachers for the common schools, and providing for the examination of such teachers and their being found qualified by the county superintendent of schools, should not apply to the common schools of such district as well as to the other common schools of the State. Unless the board of directors or board of education of such school district is, in express terms, vested with the power to examine its teachers and grant them certificates, no teacher may be employed, or receive any part of the school fund, who does not possess the qualifications required by the general law. Board of Education v. Arnold,

112-11.

§ 6. Every school established under the provisions of this act shall be for instruction in the branches of education prescribed in the qualifications for teachers, and in such other branches, including vocal music and drawing, as the directors, or the voters of the district at the annual election of directors may prescribe.

8. Under this provision it could not be known, until after the annual election of directors, but that the voters of the district would prescribe that certain branches should be taught beyond those ordinarily taught in the district schools, and there can be no intelligent employment of a teacher until it shall be known what is required to be taught. Stevenson v. School Directors, 87-255.

2. Power is expressly given to directors to order that other branches than those enumerated, may be taught in the common schools, and by another section, they are given discretion to say what those branches of study shall be. The medium of instruction in all schools established or to be established under existing laws shall be the English language, but there has been no intention expressed, in any legislation respecting schools, to inhibit the teaching of the modern languages in such schools. Powell v. Board of Education, 97-875.

§ 7. It shall be the duty of the county superintendent to hold meetings quarterly, and oftener, if necessary, for the examination of teachers, on such days and in such places in the respective counties as will, in their opinion, accommodate the greatest number of persons desiring such examination. Notice of such meetings shall be pubiished a sufficient length of time in at least one newspaper of general circulation. (As amended by an act approved May 12, 1905.)

§ 8. The county superintendent shall in all cases require the payment of a fee of one dollar from every applicant for examination for a teacher's certificate, and for each renewal of such a certificate he shall require the payment of a fee of one dollar.

§ 9. All moneys so received from applicants for teachers' certificates, and from the registration fees hereinafter provided for, the said county superintendent shall transmit monthly to the county treasurer, to be by him held and designated as the institute fund, and with such fund the county superintendent shall give the treasurer a list of the names of the persons paying such fees. Said fund shall be paid out by the county treasurer only upon the order of the county superintendent, and only to defray the expenses of the teachers' institutes, which the county superintendent is, by the following sections, authorized to hold. The county superintendent shall take vouchers for all payments made out of the institute fund, and he shall render an account of such disbursements, with vouchers for the same, to the county board at their regular meeting in September annually.

§ 10. The county superintendent shall hold, annually, a teachers' institute, continuing in session not less than five days, for the instruction of teachers and those who may desire to teach; and, with the concurrence of the State Superintendent of Public Instruction, procure such assistance as may be necessary to conduct said institute at such time as the schools of the county are generally closed: Provided, that two or more adjoining counties may hold an institute together. At every such institute instruction shall be free to such as hold certificates good in the county (or counties where two or more join to hold an institute) in which the institute is held; but the county superintendent shall require all others attending to pay him a registration fee of one dollar, except those who have paid him an examination fee as required by section 8 of this article, and failed to receive a certificate.