§ 23. This act is declared to be a public law, and shall take effect from and after its passage.

APPROVED March 11, 1869.

PEORIA SCHOOL DISTRICT.

AN ACT to reduce the charter of the City of Peoria, and the several acts amendatory thereof, into one act, and revise the same.

CHAPTER XIII.

SECTION 1. There is hereby created a body politic and corporate, by the name and style of the "Board of School Inspectors of the City of Peoria," who shall have perpetual existence; and by said name shall sue and be sued, plead and be impleaded, in all courts and places where judicial proceedings are had; and may purchase, receive and hold real, personal and mixed estate, and may sell, lease and dispose of the same.

1. The provisions of a special charter of a city creating a board of school inspectors of permanent existence as a part of the municipal government, for the purpose of supervising and controlling the public school system, is not abrogated by the city's adoption of the general incorporation act. Trustees of Schools v. Board of School Inspectors, 214-30.

2. Annexation of territory to a city having a apecial charter provision vesting the control of the public school system in a board of school inspectors as a branch of the municipal government, extends the jurisdiction of the board of school inspectors to the schools of the territory annexed, notwithstanding a part of it is in an adjacent township; and such board is entitled to the funds in the hands of the various officers collected as taxes for school

purposes in the annexed territory. Trustees of Schools v. Board of School Inspectors, 214-30; Trustees of Schools v. Board of School Inspectors, 115A-479,

affirmed.

§ 2. The said board of school inspectors shall consist of the mayor of the City of Peoria and two members from each ward (the election districts in the township of Peoria to be deemed, for school purposes, portions of the wards at which the voting for said districts is now or may hereafter be done), who shall be residents of their respective wards, and who shall hold their officers, respectively, for two years, or until the election and qualification of their successors. They shall be divided into two classes, so that one-half shall be elected annually. The first class shall be elected on the first Tuesday after the first Monday of November, 1869, and every two years thereafter. The second class shall be elected on the first Tuesday after the first Monday of November, 1870, and every two years thereafter. The members of the board of school inspectors now in office shall hold over until the first Monday of January following the term for which they were elected, except those who were last elected, who shall go out of office as hereafter provided. All members of the board hereafter to be elected shall enter upon the duties of their office on the first Monday of January following their election, except those then elected in 1870 in the wards casting the lowest number of votes, who

shall not enter upon the duties of their office until the first Monday in June, A. D. 1871.

§ 3. All following elections for school inspectors shall be held on the first Tuesday after the first Monday in November, each successive year, and shall be notified and called, and the poll books opened and kept, the votes canvassed and the returns made along with and as part of the election for city officers of said city and county and State elections; and the same registry lists shall be used as in the municipal and State and county elections. The person receiving the highests number of votes for said offices, at said elections, shall be declared elected, and the city clerk, immediately upon the election and canvassing of the votes, shall notify the several persons so elected of their election; and a majority of the board shall constitute a quorum.

§ 4. The legal voters of the Town of Peoria shall be entitled to vote at all elections for said inspectors held in pursuance of this chapter; and the votes of the legal voters residing out of the City of Peoria, but within the Town of Peoria, shall be received at the places of voting in said City of Peoria as at present provided; and all vacancies occurring in said board, by death, removal from wards, or otherwise, shall be filled by the legal voters aforesaid; and if the annual election provided for as aforesaid shall not be notified and held at the time specified in this chapter, it shall be, by the proper officer or or officers, notified, called, held, canvassed and returned at some other time thereafter; and the persons so elected shall hold their respective offices for the term which they would have held if they had been elected at the regular election held at the usual time for that year.

§ 5. At the first regular meeting, in January of each year, or as soon thereafter as may be, the said board of school inspectors shall choose one of their own number as president of said board, and shall also appoint a secretary and treasurer, who may or may not be members of the board. The said secretary and treasurer shall hold their offices for one year and until their successors shall be respectively appointed and qualified. The secretary and treasurer shall be subject to removal, by a majority of all the members of the board, and in each of said removals, or where a vacancy may occur in said offices by death, resignation, removal from the city, or otherwise, the board shall appoint a competent person to fill the vacancy.

§ 6. The secretary shall keep a record of the proceedings of the board, in a book to be provided for that purpose, and shall do and perform such other duties, in relation to the schools and education in said city, as shall be required of him by the rules and regulations of the board, and shall be sworn to the faithful performance of his duties, and shall receive such compensation as the board may prescribe.

§ 7. The treasurer shall receive all the moneys belonging to the school funds of the City of Peoria and other moneys under the control of said board, and shall keep a true and accurate account of all moneys received and paid out by him, for what purpose, and upon what and whose account, but he shall pay out no money, except upon the order of the board. For all moneys paid out he shall take and file with the

papers of his office proper vouchers; he shall settle his accounts with the board once in each year, and oftener, if the board shall so require; he shall perform such other duties as the board may, by any rule or regulation, prescribe; he shall be sworn to the faithful discharge of his duties, and shall give a bond to the City of Peoria, with good and sufficient sureties, to be approved by the board of school inspectors, in such sum as said board shall determine, but to be, as nearly as can be ascertained, in double the amount of all moneys that may be in his hands at any one time in any one year, and conditioned for the faithful performance of his duties as treasurer, and, especially, faithfully to keep, and, from time to time, pay over all moneys that he shall receive as such treasurer, as he shall be directed by the board or required by law; and for any breach of the conditions of said bond a suit shall be prosecuted for such breach or breaches against the treasurer and his securities, in the name of the City of Peoria, under the direction and supervision of said board of inspectors; and when any money shall be collected thereon, it shall be paid over as the board shall direct, to be used and appropriated as other money in the treasury; but if the default was for the non-payment or on account of the principal of the township school fund, it shall again become part of the principal of said fund.

§ 8. The board of inspectors shall hold stated meetings, and the president or any two members of said board may call special meetings, by notice to each of the members of said board, served personally or left at his usual place of abode; and shall have power

First-To erect, hire 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 furnish schools with what they shall deem necessary fixtures, furniture and apparatus,

Fourth-To establish, support and maintain public schools for all the children of the city, and determine the rate of taxation for school purposes in the manner herein provided.

Fifth-To fix the compensation of teachers, and establish rules respecting the qualifications and how the same shall be determined.

Sixth-To prescribe school books to be used, and the studies to be taught in the different schools.

Seventh-To lay off and divide the city into school districts, and from time to time alter the same, or create new ones, as circumstances may require. ',

1. The board of school inspectors are vested with a large discretion in the performance of their important duties, and courts will not attempt to control its exercise, except in a palpable case where a plain violation of the law is manifest. School Inspectors v. The People, 20-525.

2. To lay off and divide a city or township into school districts, and from time to time, alter them or create new ones, as circumstances may require, is a very difficult duty to perform, and it is not reasonable to expect, however just, wise and impartial they may be, that there will be no single complaint. It requires much deliberation and the exercise of sound judgment, and in

such case a court could not well interfere, unless gross injustice had been done, or the marks of corruption in the board so evident as to compel the court to interpose. Grove v. School Inspectors, 20–532.

Eighth-To establish schools of different grades, and such rules and regulations for the admission of pupils into the same, having regard to the ages and qualifications of such pupils.

Ninth-To appoint such other officers, committees or agents as they shall deem best and most conducive to the well being of the schools, and of education in said city.

Tenth-And generally to have and possess all the rights, powers and authority necessary for the proper management of the schools and the fund belonging to the city for school purposes, with power to make all such rules and ordinances as may be necessary to carry their powers and duties into effect, and perfect a good system of public instruction and schools in said city.

§ 9. On the sale of any real estate made by said board, they may, by resolution to be entered on the minutes of their proceedings, by the secretary of the board, authorize and empower the president of the board to convey such real estate, by a good and sufficient deed, under his hand and private seal, to the purchaser or purchasers thereof, and such deed duly acknowledged by the president of the board making the same, as other deeds of real estate are required to be, by the laws of this State, then in force, concerning conveyances by individuals, shall convey real estate to and vest all the title and interest of said board of school inspectors therein in the grantee or grantees in such deed mentioned, their heirs and assigns forever, and the deeds of conveyance executed by the president of said board and duly acknowledged by him, shall be prima facie evidence of his having been duly empowered by the said board to make such conveyance.

§ 10. It shall be the duty of the board of inspectors to make annual reports at the close of each school year, setting forth therein the number of public schools in the city, the number of scholars in each school, the several branches of education pursued in each, the expenditure for each school, the compensation paid to teachers, the condition of the school houses, from what source funds have been received for school purposes, and what the condition of such funds, what are the accommodations furnished for the pupils, and making any other statement and suggestion that they shall deem proper to aid the cause of public schools and of education in the city. Said report shall be made to the city council, and the board shall also cause the said report or such parts thereof as they shall judge best, to be published in pamphlet form, or in some one or more newspapers published in said city.

§ 11. No member of the board of inspectors shall receive any compensation for his attendance of the meetings of the board, nor for the performance of their ordinary duties, but for extraordinary services reasonable compensation may be allowed. The treasurer shall receive such compensation for receiving and disbursing money, as the board of inspectors shall prescribe.

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§ 12. On or before the first Tuesday in August of each year, the board of inspectors shall determine the amount of money, which, in their opinion, will be required to be raised by taxation for the support of the public schools of the city the ensuing year, and notify the city council of the rate of tax to be levied and collected for that purpose, as provided by the second clause of chapter 7 of this act, not exceeding the percentage authorized by said clause, and the amount so reported to the city council shall be levied and collected in the same manner and at the same time as other city taxes, and when collected shall be paid over to the treasurer of the board.

§ 13. No school in said city, or the teacher or pupils thereof, shall receive any part of any school fund belonging to the State or township, or any money raised by taxation, that is not a public school, as provided by this act, and established and maintained under the authority and direction of the board of inspectors.

§ 14. The several teachers of said public schools shall keep schedules of the pupils attending the schools, and of their attendance, etc., as is now required or may hereafter be required of teachers of public schools by law, and the said board of inspectors shall make returns and report to the State superintendent of public schools, on all such matters and things as he is or may be required by law, and the direction of such superintendent of any county or township officers, and shall make such other reports as township officers are or may be required to make by virtue of any law in this State.

§ 15. The board of school inspectors may establish a school or schools for the people of color in said city, on such a basis and under such rules and regulations and restrictions as they shall deem just and proper, the expenditures for such schools to be, in no case, less than the amount of taxes paid by the colored population.

§ 16. The office of trustees of schools of township eight (8) North, range eight (8) East, in Peoria county, is hereby abolished, and the board of school inspectors of the city of Peoria shall succeed to all rights, powers and duties of said trustees; and the title to all real, personal and mixed property, heretofore vested in said trustees, shall vest in said board of school inspectors, with power to sell, lease and dispose of the same. The power to cause to be extended, levied and collected, taxes for the support of free schools, which is now or hereafter may be, by the general school law of the State, vested in the trustees of schools, shall be and is hereby vested in said board of school inspectors.

§ 17. For the purpose of enabling the said board of school inspectors to provide additional school buildings in the city of Peoria, the city council of the city of Peoria are authorized to issue the bonds of said city, from time to time, signed by the mayor and countersigned by the clerk of said city, in such sums and payable at such times, not exceeding twenty years from their date, and at such place or places, with semi-annual interest coupons attached, as the city council shall deem proper: Provided, that the aggregate amount of such bonds to be issued, together with those heretofore issued and outstanding, for the purposes herein mentioned, shall not exceed at any one time,