§ 11. The time not exceeding three days in any one term, or five days in any one school year, during term time, actually spent by a teacher of any public school in this State in attendance upon a teachers' institute, held under the direction of the county superintendent of schools, shall be considered time lawfully expended by such teacher in the service of the district where such teacher is employed, and no deduction of wages shall be made for such absences. And it shall be the duty of the school officers and boards of education to allow teachers to close their schools for such attendance upon such institute.

§ 12. It shall be the duty of every teacher employed in the public schools of the State to see that the school property of the district, placed under his care and control, is not unnecessarily damaged or destroyed. And no teacher shall be paid any part of the school funds, unless he shall have kept and furnished schedules (when required by law) as hereinafter directed, and shall also have satisfactorily accounted for all books, apparatus and other property belonging to the district, which he may have taken in charge.

§ 13. Teachers shall keep correct daily registers of their schools, which shall exhibit the name, age and attendance of each pupil, the day of the week, the month and the year. Said registers shall be, as nearly as may be, in the following form, the absence of each scholar being signified by a mark, the presence by a blank, viz:

Register of a common school kept by A. B.,

No...

.in township No..

principal meridian, in the county of..

at..

.range.

.in the

.in district

.of the.... State of Illinois.

Said register shall be furnished to the teachers by the school directors, and each teacher shall, at the end of his term of school, return his register to the clerk of the school board of the district. And no teacher shall be paid any part of the public funds unless he shall have accurately kept and returned the register as aforesaid.

1. Where a teacher sues to recover wages, and it appears that she offered to deliver the register and schedule to the clerk, the new clerk of the board, and he refused to accept them, it is held that the directors can not contend that she failed to return schedule and register, and that she completed the term according to law. School Directors v. Sprague, 78A-390.

2. Where the proof is satisfactory that a contract was made for the employment of a teacher, two directors consenting to it; that the school was taught, and that a schedule was made out by the teacher and presented to one of the directors, who signed and retained it, it is held that such teacher is entitled to recover the wages agreed upon. Adkins v. Mitchell, 67-511.

§ 14. In all districts controlled by a board of directors, teachers shall make schedules of the names of all scholars under twenty-one (21) years of age attending school, in the form prescribed by this act, and when scholars reside in two (2) or more districts, townships or counties; separate schedules shall be kept for each district, township or county. Boards of education may require teachers under their control to make schedules as herein directed, or to make statements certifying the number of days' attendance for each month, as shown by their registers, which statements shall be certified to by the board of education, and be subject to the same requirements concerning payment of teachers' salary and filing as those made by this act concerning schedules. The schedules to be made and returned by the teacher shall be, as near as circumstances will permit, in the following form, viz:

Schedule of common school kept by.

district No... . . . . .

.principal meridian, in the county of...

of Illinois. Names and ages of scholars residing in district No....... in township No... ..north, range.. ..west,

who have attended in my school during the time beginning the.

day of....

19...., and ending..

..in of the

.at. range No..

.in the State

.county,

.day of..

19.....

.school days.

Number of scholars.....

Average daily attendance...

Males. Females.

Total.

2

3.2

And said teacher shall add up the whole number of days' attendance of each scholar, and make out the grand total number of days' attendance. He shall also note the whole number of scholars, giving the males and females separately; the average daily attendance, and shall set the age of each pupil opposite the name of such pupil, as in the form above prescribed, and shall attach thereto his certificate, which shall be in the following form, viz:

I certify that the foregoing schedule of scholars attending my school as therein named, and residing as specified in said schedule, to the best of my knowledge and belief is correct. A.......

......

Teacher.

§ 15. When the teacher shall have completed his or her schedule or schedules as provided in the foregoing section, he or she shall deliver it to some one of the directors, who shall, if requested, give the teacher a receipt for the same. And it shall be the duty of the said director, in connection with at least one other director of the board to carefully examine such schedule or schedules, and after correcting all errors, if any, if they shall find such schedule to have been kept according to law, they shall certify to the same as near as practicable, in the following form, viz:

We, the undersigned directors of district No..

.....

..dollars

township No. range No.. in the county aforesaid, certify that we have carefully examined the foregoing schedule and find the same to be correct, and that the school was conducted according to law; that the teacher is paid as per contract......dollars per.. .; the sum of... is now due..... .for services for the month ending. ..; that said teacher has a legal certificate of.. ....grade, and that the property of said district in charge of such teacher has been satisfactorily accounted for. Witness our hands this...... ...day of.... A. D.

Directors.

§ 16. Teachers' wages are hereby declared due and payable monthly, and upon certifying to the schedule or statement as herein before provided for, the directors or board of education may at once make out and deliver to the teacher an order upon the township treasurer for the amount named in the schedule or statement; which order shall state the rate at which the teacher is paid according to his contract, the limits of the time for which the order pays, and that the directors have duly certified a schedule covering the time specified in such order: Provided, that in case said order shall be presented to the township treasurer and not paid for want of funds, said treasurer shall certify on the back of such order the date of presentation as required by section 18 of article 4 of this act, and thereafter such order shall bear interest at the rate of 7 per cent per annum until paid, or until the said treasurer shall notify the clerk of the board of directors issuing such order that he has funds with which to pay the same. (As amended by an act approved April 24, 1899.)

§ 17. The school month shall be the same as the calendar month, but teachers shall not be required to teach upon Saturdays, Sundays,

legal holidays, these being New Year's, Fourth of July, Christmas and Thanksgiving, and fast days appointed by the National or state authority; nor shall they be required to make up the time lost by closing the school upon such days or upon such special holidays as may be granted the schools by the board of directors.

ARTICLE VIII.

REVENUE-TAXATION.

$202. For the purpose of establishing and supporting free schools for not less than six nor more than nine months in each year, and defraying all the expenses of the same of every description, for the purpose of repairing and removing school houses, of procuring furniture, fuel, libraries and apparatus and for all other necessary incidental expenses in each district, village or city, anything in any special charter to the contrary notwithstanding, the directors of such district and the authorities of such village or city shall be authorized to levy a tax annually upon all the taxable property of the district, village or city not to exceed two and one-half per cent for educational and two and one-half per cent for building purposes (except to pay indebtedness contracted previous to the passage of this act), the valuation to be ascertained by the last assessment for the State and county taxes: Provided, that in cities having a population exceeding one hundred thousand inhabitants the board of education may establish and maintain vacation schools and play grounds under such rules as it shall prescribe. (As amended by an act approved April 21, 1899.)

1. The number 202, as used in the amendment to section 1, article 8, may be regarded as surplusage. The Constitution nowhere provides that the section of an act sought to be amended, shall be indicated. It requires that the subject matter of the act sought to be amended shall be expressed in the title of the amendatory act, and that the section amended, shall be inserted at length in the new act. In the amendatory act approved April 21, 1899, both of these constitutional provisions are fully complied with. There is no uncertainty as to what section the Legislature intended to amend, and where the intention of the Legislature can be ascertained with absolute certainty, the courts will carry such intention into effect and hold the amendment valid. Otis v. The People, 196-542.

2. A tax to enable a school district to pay its proportionate share of a school building is a tax for building and not for educational purposes. School Trustees v. School Directors, 190-390.

3. A district working under special charter provisions concerning public schools, may levy a tax for building purposes without a vote of the people authorizing the erection of a school building, if the special provisions contain no such requirement. Cleveland, Cincinnati, Chicago & St. Louis Railway

Company v. Randle, 183-364.

4. Where existing special charter provisions concerning public schools do not require a prior vote of the people favoring the erection of a school building, a tax for building purposes in excess of the amount required for current expenses may be levied without the authority of such prior vote. Lippincott v. Board of Education, 186-205.

5. A school district which has issued bonds to the full amount limited by its special charter for building purposes, may levy a tax for building purposes, at the legal rate, and any surplus remaining after paying matured bonds issued for building purposes, and interest on outstanding ones, may be used for building purposes. Cincinnati, Lafayette & Chicago Railway Company V. The People, 206–387.

6. The cost of building a small coal shed, of painting and papering the school house, of lumber and flooring, of building a porch, of stoves and repairs on the same, and of fuel and janitor service, can not be included in a tax levied for building purposes, but must be included in the two and onehalf per centum levied for educational purposes. O'Day v. The People, 171293.

7. It is the intention of this statute that all of the current ordinary expenses of the schools, including ordinary repairs, are to be covered by the taxes to be levied within the two and one-half per centum for educational purposes, and that the additional taxes to be levied within the additional two and one-half per centum for building purposes are intended only to provide the means necessary to meet the special occasion of the building of a school house. The proper construction of this statute is, that the words for building purposes are special, and apply solely to the building of school houses and matters incident thereto, while the words for educational purposes are general, and apply to all matters for which a board of directors may levy school taxes. Ibid.

8. The words heating and repairing purposes in a certificate of school directors, include such necessary incidental expenses as are embraced within the meaning of the term educational and school purposes as used in the law, and not building purposes, for which an additional tax may be levied. Chicago & Alton Railroad Company v. The People, 163-616.

9. The placing of a steam heating apparatus in a school building, to replace an old one; the reconstruction of a part of the basement; changing the system of drainage in the basement and constructing a stone walk around the school building, are matters which should be provided for under the tax levied for educational purposes and not for building purposes. Wabash Railroad Company v. The People, 187-289.

10. Items for educational purposes which are improperly included in the levy for building purposes can not be held valid, even though the tax levied for educational purposes does not equal the amount authorized by law, since the funds for the two purposes can not be commingled and taxes levied for one purpose can not be applied to the other. Knopf v. The People, 185-20.

11. School directors can exercise no other powers than those expressly granted, or such as may be necessary to carry into effect a granted power. Where a school house is built and accepted without a vote of the people, the fact that it was used for school purposes does not legalize the act, or bind the tax-payers. Where orders are issued in such a case without authority of law for building purposes, there can be no innocent holder of this paper. School Directors v. Fogleman, 76-189.

12. It is unlawful for school directors to build a school house without a vote of the people of the district on the question, and if they do so their act would be null and void, and their orders drawn on the township treasurer in payment for building the same would be void, even in the hands of assignees. Any tax levied for the payment of the same would also be void. Thatcher v. The People, 93-240.

13. If an appropriation ordinance and the ordinance levying the tax for school purposes each provide for specific sums of money under two separate headings, one for new buildings and sites and the other for educational purposes, it is not necessary that the ordinances should separate into items the amounts required for new buildings and for sites, nor specify the items for educational purposes. Koelling v. The People, 196–353.

14. By virtue of this statute any city or school district is authorized to establish and support free schools, and for such purpose may levy a tax for educational and building purposes, and the statute having provided for a tax