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custody or control during any one year; and said bond shall be in the form prescribed for township treasurer's bond by the general school laws of this State.

§ 17. It shall be the duty of the treasurer of said board to loan that part of the funds belonging to said district derived from the township funds, and denominated principal, in the manner and subject to the conditions prescribed by the general school laws of this State for the government of township treasurers in the loaning of township funds; and no part of said principal shall ever be apportioned or paid out in any manner that shall cause a decrease or diminution of the amount of the same. Said treasurer shall be allowed to retain a commission of one per centum, and no more, on all funds paid out or loaned by him for the benefit of said district. He shall deliver to his successor in office all books, moneys, papers and other property appertaining to said office, when ordered so to do by the said board of education.

§ 18. Neither the treasurer nor any member of the board shall receive any compensation for his attendance at the meetings of the same, nor for the performance of ordinary duties of members of said board; but for extraordinary services a reasonable compensation may be allowed, the board to determine what are extraordinary services and what is a reasonable compensation therefor: Provided, that said board may allow the member of said board who shall act as clerk a reasonable compensation for keeping the records of said boardsuch compensation being not more than one dollar for each necessary meeting of said board.

§ 19. The treasurer shall, as often as required by the board, make due and full report to them-which report shall be open to the inspection of any citizen of said district-of the financial condition thereof, giving the amount of money on hand and from what sources derived, the amounts paid out since the last preceding report, to whom paid, for what purposes, and such other items as the said board or the general school laws of this State may require.

§ 20. Said board of education shall keep a correct record of all their proceedings, to be kept in the custody of the clerk, and, for that purpose, may purchase and pay for the necessary books therefor. Said record shall be open to the inspection of any member of the board or other citizen, at any regular meeting of said board.

§ 21. For any neglect or failure (except through sickness of himself or family or unavoidable absence) by the treasurer or any member of the board to fulfill all the duties required of or imposed upon him by any of the provisions of this act, he shall be liable to a penalty of ten dollars for each default, to be recovered in an action of debt, at the suit of any citizen who may complain, one-half of said fine to go to the informer and the other half to be paid into the treasury of said district.

§ 22. The present directors of the districts from which any territory is taken for the formation of the Tuscola Union School District shall continue to be directors of said districts from the taking effect

of this act until the proper organization of said board of education is effected thereunder; at which time the offices of said directors shall be vacated as to any part of said Tuscola Union School District.

§ 23. This act shall be deemed a public act, and shall take effect and be in force from and after the first day of June, in the year of our Lord one thousand, eight hundred and sixty-nine.

APPROVED March 24, 1869.

UPPER ALTON SCHOOL DISTRICT.

An Act to incorporate the Town of Upper Alton.

ARTICLE VIII.

SECTION 1. All the territory lying within the corporate limits of the town of Upper Alton, as defined in article one, section two of this act, with such other territory as may be hereafter incorporated with and come under the jurisdiction of said town, and within the boundaries extended for school purposes only, as follows, viz: On the north, to the township line between townships five (5) and six (6) North, on the east, three-fourths (2) of a mile-said eastern boundary being extended south till it strikes Wood river-and thence, along said Wood river, to where the quarter section line of sections seventeen (17) and eighteen (18) strikes the said river, on the south, to the said quarter section line of sections seventeen (17) and eighteen (18), on the west, to Alton City and range line between range nine (9) and ten (10) west, is hereby enacted into a common school district, to be known as the Upper Alton School District. (As amended by an act approved March 29, 1869).

§ 2. The town council of said town shall appoint a board of education, to consist of not more than five members nor less than three, for the term of three years each. Said board shall be divided, by lot, into classes, to serve one, two and three years. And all appointments, other than to fill vacancy, shall be annual, and shall be made on the first day of August, of each year, except when that day shall fall on Sunday; in which case, on Monday following: Provided, that the present board shall hold their offices, as heretofore appointed by the town council, and for the terms determined, unless resigned or removed: Provided, also, that the town council may remove any member for gross neglect or dereliction or manifest disqualification for the office. All vacancies occurring, by resignation or removal, shall be filled for the unexpired term only of the member resigning or removed. Said board of education shall have exclusive jurisdiction and supervision of all public schools in said town, and shall have all the powers and discharge all the duties that are now incumbent upon school directors under the laws of the State of Illinois relating to common schools, and to cities and incorporated towns, under section seventy-nine of "An act to establish and maintain a system of free schools in the State of Illinois," as amended February 16, 1865. (As amended by an act approved March 28, 1869.).

§ 3. The board of education shall have power to sell and convey any and all property now held by the trustees and directors of schools within the town, for the purpose of purchasing the sites or erecting school houses, and, generally, to have and possess all the rights, powers and authority necessary for the proper management of the schools of said town and the school lands and funds belonging to said school district, are now enlarged with power to enact such rules and by-laws as may be necessary to carry into effect the power hereby granted: Provided, that in case of sale or lease for more than one year a concurrence of all the members of the board, if it shall consist of but three, and of four, if it shall consist of five, shall be necessary. (As amended by an act approved March 29, 1869.)

§ 4. All the school taxes and all moneys for school purposes, from any and all sources whatever, and all special taxes voted for school purposes, shall be paid into the town treasury, and shall be kept a separate fund, for school purposes exclusively; and any special tax or moneys raised by tax or loan, for the purpose of purchasing site or building or purchasing school house, voted by the people of the district, shall be kept separate from moneys raised for general purposes, and shall be appropriated for no other purpose than that designated by the call for an election to vote such funds. (As amended by an act approved March 29, 1869.)

§ 5. And be it further enacted: That the treasurer of the town of Upper Alton may and shall be the treasurer of the board of education. The treasurer shall give good and sufficient bonds to the board of education, for the faithful discharge of his trust. He shall report to the board, as often as required, and shall pay out moneys for school purposes only upon the written order of the board, signed by the president and secretary. And no order shall be drawn for any purpose, unless the same shall be acted upon and the amount voted at a regular or called meeting of the board of education.

§ 6. Said board shall have full power, and it shall be their duty, to provide suitable school houses and grounds, by purchase or lease, and keep them in repair, alter or enlarge, as may be necessary for the proper accommodation of all the pupils of the district; to procure necessary furniture, fixtures, books, maps, globes, charts, apparatus, library or libraries, and all necessary appliances for the accommodation, support and successful operation of a system of public graded schools, grade and classify the same, elect and employ competent and suitable teachers and other agents and assistants, and prescribe their duties, fix their salaries and compensation, and, generally and specifically, make and execute and enforce such rules, regulations and bylaws as they may deem necessary to establish and perpetuate a system of public graded school instruction, most complete, thorough and efficient: Provided, that they shall not purchase a site nor erect a new school house, except upon the vote of the qualified electors of the district, as now provided for in the common school laws of this State.

§ 7. Said board shall have full power, and it shall be their duty, to establish a central high school and such other primary or intermediate departments, to be taught in one or more buildings, as they may deem

necessary and as circumstances or necessity may require. They shall prescribe what studies shall be pursued, the text books to be used, the grade or standard of scholarship for admission to the higher de partments, and shall so grade and regulate the studies of the lower departments as to form a regular and uniform course of preparation for the higher. They shall also have full power to elect and employ a principal, define and prescribe his duties and relations to all the departments of public instruction, and such assistant or assistants as may be necessary; remove, suspend or dismiss any teacher, for incompetency or whenever, in their judgment, the interest of the schools shall demand it: Provided, that no teacher shall be removed without at least ten days notice and a written statement signed by the president and secretary of the board of the reasons for such removal, if the teacher should so desire.

§ 8. Said board shall have full power to determine the length of time schools shall be taught during the year: Provided, that the school year shall not be more than forty-two weeks nor less than thirty-six weeks in any one year, and that schools shall not be required to be taught on the days now set apart and excepted by the common school laws of the State and common custom. Said board shall, also, have power to determine the number and lengths of the terms and vacations of the school year and rates of tuition for all pupils nonresident or above lawful age.

§ 9. It shall be the duty of the board of education and they shall have full power to determine the amount of money needed for school purposes and to be raised by tax, over and above the amount of public moneys and incomes from all sources, except taxes, for one year from the first Monday of September of each, and report the same, by the direction of or with the approval of the town council, to the clerk of Madison county, within ten days; and it shall then be spread upon the assessment roll of the tax-payers of the Upper Alton School District as other taxes, and, when collected, shall be paid over to the treasurer of said town separately and apart from the taxes of the township, for school purposes, and at the same times in which the sheriff of said county is by law now required to pay over such funds.

§ 10. All school lands, school funds and other real and personal estate, notes, bonds or obligations belonging to township five (5) North, range nine (9) West, of Madison county, Illinois, held or owned for school purposes, shall be divided as follows: Between the Upper Alton School District and the portion of the township without the same, in the proportion and manner following, viz: The trustees of schools of said township shall, within twenty days after the passage of this act, appoint two commissioners, who are freeholders, one a resident of said district and one a resident of the township without said Upper Alton District, who, after being sworn well and truly to discharge their duties, shall ascertain the whole number of white persons under twenty-one years of age residing in the Upper Alton School District and the whole number residing in the township without the same, and thereupon said trustees shall divide and apportion the said lands, funds, real or personal estate, notes, bonds or obligations of said township, between the Upper Alton School District and the township

without the same, according to the number of said persons under twenty-one years of age residing in each portion. Said division and apportionment shall be made at the regular meeting of said trustees, in April, or at a meeting adjourned for the purpose of completing said apportionment. Said trustees shall have power to fill vacancies in said commissioners.

§ 11. Said trustees or other person or persons having custody or control of such funds or lands, as enumerated or referred to above, shall pay over and deliver to the board of education of said school district the proportion thereof, as determined by said trustees, and execute and deliver to said board the necessary deeds and other conveyances and transfers of all kinds, so that the entire portion belonging to Upper Alton School District shall be in custody and control of said board of education. Said board shall also have power to loan funds, upon such conditions and rates as the law in such cases provides.

§ 12. The board of education shall have power to elect a president and secretary, and prescribe their duties. They may, also, provide for the times and places of meeting, either upon adjournment, regular or called. A majority shall constitute a quorum for any business: Provided, that no sale of property or lease for more than one year shall be made only upon the conditions of this act, sec. 3.

§ 13. If, at a meeting, of which due notice shall be given, the colored inhabitants of said Upper Alton District shall so petition, the board of education may take charge of their school or schools, appoint a teacher or teachers, and in all suitable ways exercise supervisions over them: Provided, that no additional taxes shall be levied on account of such school or schools otherwise than provided for by law. § 14. Any acts or parts of acts in conflict with the provisions of this act are hereby repealed. Nor shall any amendment of the charter of Upper Alton be construed to alter or amend this act, unless so stated, specifically, by reference to each and every section so amended. § 15. The town council of Upper Alton shall have full power to pass any ordinance, not conflicting with the foregoing provisions, to carry into effect the system of graded schools herein recognized and established, fix penalties for violations of its provisions or for damages and trespasses to or upon school property and grounds; and, generally, all duties not specifically granted herein in relation to schools shall devolve upon the town council or the board of education, by their ordinance.

§ 16. This act shall be considered a public act, and shall take effect upon and after its passage: Provided, the provisions of this act shall not be construed to limit or abridge the power of the board of education of the said town of Upper Alton for and during the present school year.

APPROVED February 16, 1865.

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