§ 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.

(Containing acts establishing State Normal Schools, providing for County Normal Schools and providing for State Scholarships in the University of Illinois.]

ILLINOIS STATE NORMAL UNIVERSITY, NORMAL.

AN ACT for the establishment and maintenance of a Normal University.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That C. B. Denio, of JoDaviess county, Simeon Wright, of Lee county, Daniel Wilkins, of McLean county, C. E. Hovey, of Peoria county, George B. Rex, of Pike county, Samuel W. Moulton, of Shelby county, John Gillespie, of Jasper county, George Bunsen, of St. Clair county, Wesley Sloan, of Pope county, Ninian W. Edwards, of Sangamon county, John Eden, of Moultrie county, Flavel Mosley; of Cook county, William H. Wells, of Cook county, Albert R. Shannon, of White county, and the Superintendent of Public Instruction, ex-officio, with their associates, who shall be elected as herein provided, and their successors are hereby created a body corporate and politic, to be styled "The Board of Education of the State of Illinois," and by that name and style shall have perpetual succession, and have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to acquire, hold and convey real and personal property; to have and use a common seal, and to alter the same at pleasure; to make and establish by-laws and alter or repeal the same as they shall deem necessary for the government of the normal university hereby authorized to be established, or any of its departments, officers, students or employés, not in conflict with the constitution and laws of this State or of the United States; and to have and exercise all powers, and be subject to all duties usual and incident to trustees of corporations.

§ 2. The Superintendent of Public Instruction, by virtue of his office, shall be a member and secretary of said board, and shall report to the Legislature at its regular sessions the condition and ex

penditures of said normal university, and communicate such further information as the said board of education or the Legislature may direct.

§ 3. No member of the board of education shall receive any compensation for attendance on the meetings of the board, except his necessary traveling expenses, which shall be paid in the same manner as the instructors employed in the said normal university shall be paid. At all the stated and other meetings of the board, called by the president or secretary, or any five members of the board, five members shall constitute a quorum, provided all shall have been duly notified.

§ 4. The objects of the said normal university shall be to qualify teachers for the common schools of this State, by imparting instruction in the art of teaching, and all branches of study which pertain to a common school education; in the elements of the natural sciences, including agricultural chemistry, animal and vegetable physiology; in the fundamental laws of the United States and of the State of Illinois, in regard to the rights and duties of citizens, and such other studies as the board of education may, from time to time, prescribe.

5. The board of education shall hold its first meeting at the office of the Superintendent of Public Instruction, on the first Tuesday in May next, at which meeting they shall appoint an agent, fixing his compensation, who shall visit the cities, villages and other places in the State, which may be deemed eligible for the purpose, to receive donations and proposals for the establishment and maintenance of the normal university. The board shall have power, and it shall be their duty to fix the permanent location of said normal university, at the place where the most favorable inducements are offered for that purpose: Provided, that such location shall not be difficult of access, or detrimental to the welfare and prosperity of said normal university.

§ 6. The board of education shall appoint a principal, lecturer on scientific subjects, instructors and instructresses, together with such other officers as shall be required in the said normal university; fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause, after having given ten days' notice of any charge, which may be duly presented, and reasonable opportunity of defense. They shall also prescribe the text books, apparatus and furniture to be used in the university, and provide the same; and shall make all regulations necessary for its management. And the board shall have power to recognize auxiliary institutions when deemed practicable: Provided, that such auxiliary institutions shall not receive any appropriation from the treasury, or the seminary or university fund.

§ 7. Each county in the State shall be entitled to gratuitous instruction for one* pupil in said normal university; and each representative district shall be entitled to gratuitous instruction for a number of pupils equal to the number of representatives in said dis

* Made two by act approved February 14, 1861.

trict, to be chosen in the following manner: The school commissioner [county superintendent] in each county shall receive and register the names of all applicants for admission to said normal university, and shall present the same to the county court, or, in counties acting under township organization, to the board of supervisors, which said county court or board of supervisors, as the case may be, shall, together with the school commissioner, examine all applicants so presented, in such a manner as the board of education may direct, and from the number of such as shall be found to possess the requisite qualifications, such pupils shall be selected by lot; and in representative districts composed of more than one county, the school commissioner and the county judge, or the school commissioner and chairman of the board of supervisors, in counties acting under township organization, as the case may be, of the several counties composing such representative district, shall meet at the clerk's office of the county court of the oldest county, and from the applicants so presented to the county court, or board of supervisors, of the several counties represented, and found to possess the requisite qualifications, shall select by lot the number of pupils to which said district is entitled. The board of education shall have discretionary power, if any candidate does not sign and file with the secretary of the board a declaration that he or she will teach in the public schools within the State, in case that engagements can be secured by reasonable efforts, to require such candidate to provide for the payment of such fees for tuition as the board may prescribe.

§ 8. The interest of the university and seminary fund, or such part thereof as may be found necessary, shall be and is hereby appropriated for the maintenance of said normal university, and shall be paid on the order of the board of education from the treasury of the State, but in no case shall any part of the interest of said fund be applied to the purchase of sites, or for buildings for said university.

§ 9. The board shall have power to appropriate the one thousand dollars received from the Messrs. Merriam, of Springfield, Massachusetts, by the late Superintendent, to the purchase of apparatus for the use of the normal university, when established, and hereafter all gifts, grants and demises which may be made to the said normal university shall be applied in accordance with the wishes of the donors of the same.

§ 10. The board of corporators herein named, and their successors, shall each of them hold their office for the term of six years: Provided, that at the first meeting of said board the said corporators shall determine by lot, so that one-third shall hold their office for two years, one-third for four years, and one-third for six years. The Governor, by and with the advice and consent of the Senate, shall fill all vacancies which shall, at any time, occur in said board, by appointment of suitable persons to fill the same.

§ 11. At the first meeting of the board, and at each biennial meeting thereafter, it shall be the duty of said board to elect one of their number president, who shall serve until the next biennial meeting of the board, and until his successor is elected.

§ 12. At each biennial meeting, it shall be the duty of the board to appoint a treasurer, who shall not be a member of the board, and who shall give bond with such security as the board may direct, conditioned for the faithful discharge of the duties of his office.

§ 13. This act shall take effect on and after its passage, and be published and distributed as an appendix to the school law. APPROVED February 18, 1857.

SOUTHERN ILLINOIS NORMAL UNIVERSITY, CARBONDALE.

AN ACT to establish and maintain the Southern Illinois Normal University.

SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That a body politic and corporate is hereby created, by the name of the Southern Illinois Normal University, to have perpetual succession, with power to contract, and be contracted with, to sue and be sued, to plead and be impleaded, to receive, by any legal mode of transfer or conveyance, property of any description, and to have, hold and enjoy the same, with the rents and profits thereof, and to sell and convey the same; also, to make and use a coporate seal with power to break or change the same, and to adopt by-laws, rules and regulations for the government of its members, officers, agents and employés: Provided, such by-laws shall not conflict with the Constitution of the United States. or of this State.

§ 2. The objects of the said Southern Illinois Normal University shall be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching in all branches of study which pertain to a common school education, in the elements of the natural sciences, including agricultural chemistry, animal and vegetable physiology, in the fundamental laws of the United States, and of the State of Illinois, in regard to the rights and duties of citizens, and such other studies as the board of education may, from time to time, prescribe.

§ 3. The powers of the said corporation shall be vested in, and its duties performed by, a board of trustees, not exceeding five in number, to be appointed as hereinafter provided.

4. Upon the passage of this act, the Governor shall nominate and, by and with the advice of the Senate, appoint five citizens of the State as trustees of said institution, two of whom shall serve for two years, and three for four years, and until their successors are appointed and enter on duty, and successors in each class shall be appointed in like manner for four years: Provided, that in case of a vacancy by death or otherwise, the Governor shall appoint a successor for the remainder of the term vacated: Provided, that not more than two members of said board shall be residents of any one county.

§ 5. The said trustees shall hold their first meeting at Centralia, within one month after the passage of this act, at which meeting they shall elect one of their body as president and another as secretary; and cause a regular record to be made and kept of all their proceedings. The said board shall also, whenever his services shall be required, appoint a treasurer not a member of the board, who shall give bonds to the People of the State of Illinois in double the amount of the largest sum likely to come into his hands, the penalty to be fixed by the board, conditioned for the faithful discharge of his duties as treasurer, with two or more securities; the treasurer may also be required to execute bonds from time to time as the board may direct.

§ 6. The treasurer shall keep an accurate account of all moneys received and paid out; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof.

§ 7. No member, officer, agent or employé of the board shall be a party to or interested in any contract for materials, supplies or services other than such as pertain to their positions and duties.

§ 8. Accounts of this institution shall be stated and settled annually with the Auditor of Public accounts, or with such person or persons as may be designated by law for that purpose. And the trustees shall, ten days previous to each regular session of the General Assembly, submit to the Governor a report of all their actions and proceedings in the execution of their trust, with a statement of all accounts connected therewith, to be by the Governor laid before the General Assembly.

§ 9. The said board shall meet quarterly at such places or place as may be agreed on, and, until the buildings are completed, as much oftener as may be necessary; and thereafter the meetings shall be at the university.

§ 10. The trustees shall, as soon as practicable, advertise for proposals from localities desiring to secure the location of said normal university, and shall receive for not less than three months from the date of their first advertisement, proposals from points situated as hereinafter mentioned, to donate lands, buildings, bonds, moneys, or other valuable consideration, to the State in aid of the foundation. and support of said university; and shall, at a time previously fixed. by advertisement, open and examine such proposals, and locate the institution at such a point as shall, all things considered, offer the most advantageous conditions. The land shall be selected south of the railroad, or within six miles north of said road, passing from St. Louis to Terre Haute, known as the Alton and Terre Haute railroad, with a view of obtaining a good supply of water and other conveniences for the use of the institution.

§ 11. Upon the selection and securing of the land aforesaid, the trustees shall proceed to contract for the erection of buildings in which to furnish educational facilities for such number of students as hereinafter provided for, together with the out-houses required for use, also for the improvement of the land so as to make it available.