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map is necessary to enable the clerk to extend the school taxes on the property of the district, but not as to the legal organization of the new district. This act is required after all the legal steps have been performed necessary to organize a new school district. Crossett v. Owens, 110-378.

§ 58. In case any territory shall be set off from any district that has a bonded debt, the change not being petitioned for by a majority of the legal voters of said district, such original district shall remain liable for the payment of such bonded debt, as if not divided. The directors of the original district having such bonded debt and of the district into which the territory taken from such original district has been incorporated or formed, shall constitute a joint board for the purpose of determining and certifying, and they shall determine and certify to the county clerk the amount of tax required yearly for the purpose of paying the interest and principal of such bonded debt, which tax shall be extended by the county clerk against all property embraced within the original districts as if it had not been divided.

§ 59. When the trustees of schools shall organize a new district, as herein before provided for, it shall be the duty of the clerk of the board of trustees, if no appeal is taken to the county superintendent, to order, within 15 days after the action of the trustees, an election, to be held at some convenient time and place, within the boundaries of such newly organized district, for the election of three school directors, notice being given by the township treasurer, who shall post up at least three notices of such election in at least three prominent places in said district, at least ten days prior to the time appointed for holding such election, which notices shall specify the place where such election is to be held, the time for opening and closing the polls, and the object of said election, which notice may be in the following form, to-wit:

ELECTION NOTICE.

Public notice is hereby given that on the........ ...day of.... ..an election will be held at..

.A. D.

.in

.for the purpose of electing three school directors for the new district known as district No.. township No.... county, Illinois.

..range No...

..of the.

..p. m., in.

..m., and close

The polls at said election will be opened at......o'clock..............) at......o'clock... .....m.

By order of the board of trustees of said township.

Signed....

Township Treasurer.

1. This section should be construed with section 2, article 6. Where a new district is formed which has a population of not less than 1,000 nor more than 100,000 inhabitants, there must be an election for a board of education, and not for three directors. But section 2, supra, does not provide that the board, in the first instance, shall be elected only on the third Saturday in April. That provision relates to the election of additional members to be elected by reason of the increased population of said district. Nor does it require any census of the district, special or general, to be taken in order to authorize the election of the president and members of the board. It is only when additional members are to be elected, that the increased population must be ascertained by the census. People v. Keechler, 194-235.

§ 60. At the time appointed for opening the polls for said election. it shall be the duty of the legal voters present, five of whom shall

constitute a quorum, to appoint three of their number, two of whom shall act as judges and one as clerk of said election; and the election, in all other respects, shall be conducted as other elections for the election of school directors.

§ 61. Within ten days after the election it shall be the duty of the directors, elected at such election, to meet at some convenient time and place previously agreed upon by said directors, and organize as a district board by appointing one of their number president and another of their number clerk of said board, as in other cases of the election of school directors. At this first meeting of the directors, they shall draw lots for their respective terms of office for one, two and three years, each of which shall be considered a fractional term ending at each annual meeting according to the term drawn.

§ 62. In case a new district is organized by the action of the county superintendent, the said clerk of the board of trustees shall, within five days after he has received notice of the action of the county superintendent on the appeal, order an election of directors in the new district, the same as if the change had been made by the board of trustees, and such election shall be held in the same manner as the election provided for where the trustees have formed such new district.

§ 63. Whenever a new district has been formed by the trustees, or by the county superintendent or county superintendents from a part of a district or from parts of two or more districts, the trustees of the township or townships concerned shall proceed forthwith to make a distribution of tax funds, or other funds which are in the hands of the treasurer, or to which the district may, at the time of such division, be entitled; so that both the old and new districts shall receive parts of such funds in proportion to the amount of taxes collected next preceding such division from the taxable property in the territory composing the several districts. If the new districts be composed of parts of two or more districts, the trustees shall make distribution of such funds between the new district and the old districts, respectively, so that the new district shall receive a distribution of the funds of each of the old districts in the proportion which the amount of taxes collected from the property in the territory of the new district bears to the whole taxes collected, next before the division in the old district; and the town treasurer shall forthwith place the sum so distributed to the credit of the respective districts, and shall immediately place the proportion of the funds to which said new districts may be entitled to its credit on his books, and the funds on hand shall be subject at once to the order of the directors of the new district, and those not on hand, as soon as collected.

1. Where a school district is divided and a new one formed, the trustees of the township concerned should make a division of the funds, property and debts in a just and equitable manner, and until such division has been made, each district is bound to pay its own debts. School Directors v. Miller, 49-494. 2. It is not within the power of the township trustees, by any action in the re-organization of a township, to impair the obligation of the directors of any school district therein. If the indebtedness of any such district is apportioned among and laid upon the new organizations, thus securing its payment, the

old district is thereby discharged; but that not having been done, it remains bound, and for all purposes of a remedy, will still be deemed to exist. Rogers v. The People, 68-154; Moll v. School Directors, 23A-508.

3. Where the board of trustees meet for the purpose of appraising and distributing property and funds, consequent upon the formation of a new district, and the records show that the board of trustees met for that purpose, it will be presumed that the distribution was made by the board of trustees, to whom is confided the formation of the districts and the apportionment of the school funds. School Directors v. School Directors, 73-249.

4. Where an appraisement and distribution of school funds were made on the formation of a new district, and the old district refuses to pay over the proceeds to the treasurer, and the board of trustees neglects to compel such payment, the proper remedy for the new district is by bill in chancery to compel the collection of the fund, and the application thereof to its legitimate use, and to prevent its perversion. Ibid; School Directors v. School Directors, 135-464.

§ 64. The trustees of the township or townships concerned shall, at the time of the creation of a new district or within the period of 30 days thereafter, proceed to the appointment of three appraisers, who shall not be citizens of the township or townships interested. It shall be the duty of said appraisers, within 30 days after their appointment, to appraise the school property, both real and personal, of the district or districts interested, at their fair cash value. Within 30 days after such appraisement, the trustee or trustees of the township or townships concerned shall proceed to charge the property to the district in which it may be found and to credit the other district interested therein with its proportion of such valuation: Provided, that the bona fide debts if any, of the old district shall first be deducted and the balance charged and credited as aforesaid; and the trustees shall direct the treasurer to place to the credit of the district not retaining said property, its proportion of the value of said property, and of the funds then on hand, or subsequently to accrue, belonging to such district to which such property is charged.

1. Where a new district is created, and an appraisal and distribution is made upon the formation of such new district, and the old district refuses to pay to the treasurer the amount found due upon division, and where the trustees refuse to act, the district may file its bill in chancery to have the fund collected and applied to its legitimate use, thus preventing its loss or perversion. School Directors v. School Directors, 73-249; School Directors v. School Directors, 16A-651.

2. A tax to pay the proportionate share of a building would not be for the support of the school or for educational purposes and such a tax would be properly classed as for building purposes. In crediting a new district with its proportionate share of the value of a school house property it can only be credited or paid out of a fund which can be lawfully applied for that purpose. The payment should be made from a tax levied for building purposes. The taxable property of a district will enable it to pay its share of the value of the school property from a tax for building purposes and to maintain a school tax for educational purposes. School Trustees v. School Directors, 190-390.

§ 65. If the trustees shall fail to observe the provisions of sections 63 and 64, in reference to the distribution of funds and property, they shall be individually and jointly liable to the district interested, in an action on the case, to the full amount of the damages sustained by the district aggrieved. When trustees have heretofore failed to make the distribution of property to districts, as provided

in said sections 63 and 64 of this article, the district interested in the making of such distribution may, by its directors, request the trustees in writing, to proceed to make such distribution; and said trustees shall proceed to make such distribution in the manner prescribed, and shall be liable, as herein stated, for neglect or failure so to do.

66. The clerk of any board of trustees who shall fail, neglect or refuse to perform the duties imposed upon him by this article of this act, or any of them, within the time or in the manner prescribed, shall, for each offense, forfeit not less than ten (10) dollars, nor more than twenty-five (25) dollars, of his pay as clerk of the board of trustees and township treasurer, which forfeiture shall be enforced by the trustees.

§ 67. If any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall be the duty of the trustees of schools of the township, or townships, in which such district lies, to attach the territory of such district to one or more adjoining school districts; and in case said territory is added to two or more districts, to divide the property of said district between the districts to which its territory is added, in the manner hereinbefore provided for the division of property in case a new district is organized from a part of another district, and the action of the trustees in such case shall be final and binding. And the clerk of the trustees in such case shall file a copy of the record of the same, together with the map and list of tax-payers with the county clerk as in other cases of change of district boundaries.

§ 68. The majority of legal voters of a district lying in two or more townships may secure the dissolution of said district by petitioning the several boards of trustees of said townships, at their regular meeting in April, that each will add the territory belonging to said district, in its township, to one or more adjacent districts. Upon receipt of such petition or the returns of the election (in districts containing one thousand or more inhabitants) the several boards of trustees shall each make such disposition of the territory of said district as lies in its township, and they shall jointly make such division of property of said district between the districts to which its territory is attached, as is herein before provided in the case of the organization of a new district from a part of another district. The action of the trustees, in accordance with such petition or election, shall be final and binding; and the clerks of the several boards of trustees, in such case, shall file a copy of the record of the same, together with the map and lists of tax-payers, with the county clerk as in other cases of change of district boundaries.

§ 69. The trustees of schools, elected as provided for in this article, shall be the successors to the trustees of school lands, appointed by the county commissioners' court, and of trustees of schools elected in townships under the provisions of "An act making provisions for organizing and maintaining common schools," approved February 26, 1841, and "An act to establish and maintain common schools," approved March 1, 1847, and "An act to establish and maintain a system of free schools," approved April 1, 1872. All rights of prop

erty, and rights and causes of action, existing or vested in the trustees of school lands, or the trustees of schools appointed or elected as aforesaid, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools, as successors, in as full and complete a manner as was vested in the trustees of school lands or the trustees of schools appointed or elected, as aforesaid.

1. An original judgment was obtained in 1839, by a school commissioner, as agent for the inhabitants of the county, for the use of the inhabitants of a particular township, in pursuance of the laws as they then existed. The legal title to this judgment continued in the school commissioner until the passage of the act of 1841, which transferred the legal title in the judgment to the trustees of schools, who were authorized to be elected by the provisions of the act. Here the legal title rested until the law of 1845 transferred it to the other trustees, authorized by that act to be elected. Trustees of Schools v. Douglas. 17-209.

2. The law was again altered in 1847 and 1849, when other trustees were authorized to be elected, who were declared to be successors to the several trustees authorized to be elected by the several laws herein before mentioned, and vesting in them all rights of property, and rights of causes of action, existing or vested in the trustees of school lands, or trustees of schools as successors, in as full and complete a manner as was vested in the school commissioners, the trustees of school lands, or the trustees of schools appointed or elected as aforesaid. Ibid.

3. If the Legislature had the power to pass the several acts transferring the legal title to the judgment, in the manner stated, there is no room left to doubt the right of a board of trustees to bring an action in debt on said judgment, to revive the same. These were all municipal corporations created for school purposes; and this judgment, and other property vested in them, was public property for the use of schools. The corporations in which it was vested, were necessarily subject to legislative control and disposition. The complete authority of the Legislature over such subjects has never been doubted. Ibid.

ARTICLE IV.

TOWNSHIP TREASURER

SECTION 1. The township treasurer appointed by the board of trustees of schools shall, before entering upon his duties, execute a bond with two or more freeholders, who shall not be members of the board, as securities, payable to the board of trustees of the township for which he is appointed treasurer, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to perform all the duties of the township treasurer in township No..... range No...... ..in.... ...county, according to law; which bond shall be approved by at least a majority of the board, and shall be delivered by one of the trustees to the county superintendent of the proper county. And in all cases where such treasurer aforesaid is to have the custody of all bonds, mortgages, moneys and effects denominated principal, and belonging to the township for which he is appointed treasurer, the penalty of said treasurer's bond shall be twice the amount of all bonds. notes, mortgages, moneys and effects and shall provide for the faithful accounting for, and turning over, of all such bonds, notes, mortgages, moneys and effects as shall come into his hands while he may act as such treasurer, under such ap

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