shall be elected at the time and in the manner and have the powers now conferred by law upon boards of education of districts not governed by any special act.

§ 2. Upon petition of fifty voters of such city, town, township or district, presented to the board having the control and management of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "electing a board of education having the powers conferred upon such boards in districts organized under the free school laws," which notice may be in the following form, to-wit:

.day of.....

Public notice is hereby given, that on the..... .A. D. ..an election will be held at.. . between the hours of ..m. and..... .m. of said day, for the purpose of deciding the question of "electing a board of education having the powers conferred upon such boards in districts organized under the free school law."

If it shall appear, upon a canvass of the returns of such election, that a majority of the votes cast at such election are for electing a board of education having the powers conferred upon such boards in districts organized under the free school law," then at the time of the next regular election for boards of education under the free school law, there shall be elected a board of education for such district; and should there not be sufficient time to give the notice required by law for such election, then such election may be held on any Saturday thereafter, but all subsequent elections shall be held at the time provided by the free school law.

1. A board of education elected under the act to allow municipalities managing free schools under special charters to elect boards of education having the powers provided for such boards under the general law, has no power to appoint a treasurer of the school fund, and the custody of such funds belongs to the township treasurer. People v. Board of Education, 166-388.

2. It is a well settled principle of statutory construction, that where two statutes are clearly repugnant to each other, the one last enacted operates as a repeal of the former; and a subsequent statute, which revises the whole subject of a former one, and is intended as a substitute for it, operates as a repeal of the former, although there are no express words of repeal. lbid.

§ 3. All acts and parts of acts in conflict with this act are hereby repealed.

§ 4. WHEREAS, An emergency exists requiring this act to take immediate effect, therefore be it enacted that this act shall be in force from and after its passage.

APPROVED June 2, 1891.

BOARD OF EDUCATION IN CERTAIN CASES.

AN ACT to provide for the election of boards of education in school districts organized under special acts of the Legislature of this State, where such school districts are maintained under the general school laws of this State, and where there is no provision in such special acts for the election of boards of education.

SECTION 1. Be it enacted by the People of the State of Illinois' represented in the General Assembly: That hereafter, in all schoo districts in this State organized under any special law of this State, and maintaining public schools under any general school laws of this State, where there is no provision in said special acts creating such special school districts, for the election of boards of education as otherwise provided, there shall be elected in each of said special school districts, in lieu of the school directors as now provided, a board of education, to consist of seven members to be elected at the time and in the manner as now provided by the general law for the election and qualification of boards of education in other cases: Provided, that at the first election of such board, which shall be held on the third Saturday in April, A. D. 1898, two of such members shall be elected to serve one year, two to serve two years, and two to serve three years, and a president of such board shall be elected, whose term of office shall be one year; and annually thereafter there shall be elected in said school district two members of such board, whose term of office shall be three years, and there shall also be elected annually thereafter a president of said board. Said board of education, when so elected and qualified, shall have all the powers of trustees of schools in school townships as is now provided by general law. Said board of education, in addition to the powers of trustees aforesaid, shall also have all the powers of school directors as is now provided for by the general school law of this State; and in addition thereto and inclusive thereof, they shall have all the powers and perform all the duties of boards of education in school districts having a population of not less than 1,000 and not over 100,000 inhabitants under the general school law as the same now exists and as set forth in article 6 of the school law, or shall be conferred by any future alterations thereof by the Legislature. (As amended by an act approved May 10, 1901).

1. The special act of 1897, as amended in 1901, is not applicable to the Galena School District or other districts of its class, but a board of education appointed by the mayor and confirmed by the council is the proper board of education to have charge of such districts. Schmohl v. Williams, 215-63.

§ 2. WHEREAS, an emergency exists, therefore this act shall take effect from and after its passage.

APPROVED June 10, 1897.

BOARD OF EDUCATION IN CERTAIN DISTRICTS.

AN ACT to provide for the election of boards of education in certain districts.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all school districts in this State, having a population of over 35,000 by the last federal census, existing by virtue of any special charter, where the board of directors or board of education is elected or appointed by the common council of the city, of which school district such city may form the whole or a part, and where there are no provisions in the special charter creating such school district, for the election of a board of directors or board of education, there shall be elected hereafter in each of said school districts, in lieu of the present governing body, a board of education, to consist of seven members, to be elected at the same time and in the same manner, as provided by the general school law for the election of boards of education in school districts having a population of not less than 1,000 and not more than 100,000 inhabitants. Such board of education, when elected and qualified, shall have all the powers of trustees of schools in school townships. It shall also have all the powers of boards of directors, and in addition thereto, all the powers of boards of education elected by virtue of the general school law of this State.

APPROVED May 15, 1903.

BONDS.

AN ACT to authorize certain school districts to issue bonds for certain purposes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That for the purpose of building or repairing school houses, or purchasing or improving school sites, any school district in this State, existing by virtue of any special charter, and governed by such special charter, and special or general school laws, whose boundaries are co-extensive with or greater than the boundaries of any incorporated city, town or village, where authorized by a majority of all the votes cast at an election called for that purpose, may borrow money, and as evidence of such indebtedness, may issue bonds in denominations of not less than one hundred (100) dollars, nor more than one thousand (1,000) dollars, for a term not to exceed twenty (20) years, bearing interest at a rate not to exceed five (5) per centum, per annum, payable annually, semi-annually or quarterly, and signed by the president and secretary of the school board of such school district: Provided, that the amount borrowed in any one year shall not exceed, including existing indebtedness, five (5) per centum of the taxable property of such school district, to be ascertained by the last assessment for State and county taxes pre

vious to incurring such indebtedness. (As amended by an act approved March 30, 1905).

§ 2. All bonds authorized by virtue of this act, before being issued, negotiated and sold, shall be registered, numbered and countersigned by the treasurer of such school district. Such register [registration] shall be made in a book provided for this purpose and in this register shall be entered the record of the election authorizing such school district to issue bonds, and a description of the bonds issued, including the number, date, amount, rate of interest and when payable.

§ 3. All moneys, borrowed by virtue of this act, shall be paid into the treasury of such school district, and upon receiving such moneys, the treasurer shall deliver the bond or bonds issued therefor, to the person or persons entitled to receive the same, and shall credit the amount received to such school district. The treasurer shall record the exact amount received for each bond issued, and when any bond is paid the treasurer shall cancel the same, and enter in the register opposite the record of such bond, the words "paid and cancelled this ...day of.... ...19...," filling the blanks with the date, month and year corresponding with the date of such payment.

§ 4. Whenever it is desired to hold an election for the purpose of borrowing money, as provided by this act, the school board of such district in which such election is to be held, shall give ten (10) days' notice of the holding of such election, by posting notices in at least three public places in such school district. Such notices shall specify the place where such election is to be held, the time of opening and closing the polls and the proposition to be voted on. At such election two members of the school board shall act as judges and one shall act as clerk. The judges and clerk shall take the oath required of judges and clerks of an election held for county or township officers. At such election all votes shall be by ballot. (As amended by an act approved March 30, 1905).

§ 5. Within ten (10) days after such election the judges shall cause the poll book to be returned to the treasurer of the said school district, with a certificate thereon showing the result of such election. The poll book shall be filed by the treasurer, and shall be evidence of such election. For a failure to return the poll book to the treasurer within the time prescribed, the judges of said election shall be liable, severally, to a penalty of not less than twenty-five (25) dollars nor more than one hundred (100) dollars, to be recovered in a suit in the name of the People of the State of Illinois, before any justice of the peace, and when collected shall be added to the school fund of said district.

§ 6. Where any such school district has heretofore issued bonds, or other evidences of indebtedness, on account of any public school building, or for any other purpose, which are now binding and subsisting obligations against such school district and remaining outstanding, such school district may, upon the surrender of any such bonds or any part thereof, or other evidence of indebtedness, issue in lieu thereof, to the holder or holders of said bonds, or to any person

or persons, for money with which to take up the 'same, new bonds in accordance with the provisions of this act: Provided, such bonds shall not be issued so as to increase the aggregate indebtedness of such school district to exceed, including existing indebtedness, five (5) per centum of the taxable property of such school district, to be ascertained by the last assessment for the State and county taxes previous to incurring such indebtedness.

§ 7. WHEREAS, an emergency exists, this act shall be in full force and effect from and after its passage.

APPROVED and in force May 10, 1901.

EXISTING INDEBTEDNESS.

AN ACT to allow directors of schools under special laws to assume and provide for indebtedness heretofore created by the authorities of city for school purposes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any city in this State is by special law made a school district, or whenever any school district created by special law shall be co-terminus with any city, the directors of such district shall have the power, at the request of the city council, to assume and provide for, by borrowing and taxation, any indebtedness now existing, created by the authorities of the city for school purposes.

APPROVED June 22, 1891.

GOVERNMENT OF SCHOOLS IN ANNEXED TERRITORY.

AN ACT giving cities organized under special charters and having the government of the public schools under such charters, the government of public schools in any territory annexed to said cities, with the right to levy and assess taxes for school purposes against the property in said territory so annexed.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State, having a population of less than twenty thousand, and incorporated under any special law, whose public or common schools within the corporate limits of said city are governed by virtue of such special acts, where any territory has been heretofore, or may hereafter be annexed to said city for general corporate purposes, such territory so annexed shall be included in, and shall be subject to the control and government of said cities for school purposes upon petition signed by a majority of the legal voters in the territory to be annexed as fully and to the same extent as if the said territory were originally within the corporate limits of said city as created by