first bond, whenever in the discretion of the county board such new bond is necessary: Provided, however, that the execution of such new bond shall not affect the old bond or the liability of the security thereof.

Fifth-To require the county superintendent of schools to make the reports of such board provided for by law, and to remove him from office in case of neglect or refusal so to do.

Sixth-In counties having not more than one hundred (100) schools, the board may limit the time of the superintendent of schools: Provided, that in the counties having not more than fifty (50) schools the limit of time shall not be less than one hundred and fifty (150) days a year; in counties having from fifty-one (51) to seventy-five (75) schools, not less than two hundred (200) days a year; and in counties having from seventy-six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days.

Seventh-Said county board shall authorize the county superintendent of schools to employ such assistants as he needs for the full discharge of his duties, and said county board shall fix the compensation to be paid therefor, which compensation shall be paid out of the county treasury.

§ 2. It shall be the duty of the county board of each county of this State

First-To provide for the county superintendent of schools a suitable office with necessary furniture and office supplies, as is done in the case of other county officers.

Second-When the office of county superintendent of schools shall become vacant by death, resignation, removal or otherwise, to fill the same by appointment. And the person so appointed shall hold his office until the next election of county officers, at which election the said board shall order the election of a successor.

Third-To examine and approve or reject the report of the county superintendent of schools made to such board, and the notes and securities taken by such superintendent for school funds.

Fourth-At the regular meeting in September, and as near quarterly thereafter as such board may have regular or special meetings, to audit the itemized bills of the county superintendent, and of his assistants, for their per diem compensation and expenses allowed by law for visiting schools.

§ 3. At the first regular term of the county board, in each year, the county superintendent shall present to the county board of his county

First-A statement showing the sales of school lands made subsequent to the first regular term of the previous year, which shall be a true copy of the sale book (book B).

Second-Statements of the amount of money received, paid, loaned out and in hand, belonging to each township or fund under his control, the statement of each fund to be separate.

Third-Statements copied from his loan book (book C), showing all the facts in regard to loans which are required to be stated on the loan book.

All of which the county board shall thereupon examine and compare with the vouchers, and the said county board, or so many of them as may be present at the meeting of the board, shall be liable individually to the fund injured and to the securities of the county superintendent, in case judgment be recovered of the said securities, for all damages occasioned by a neglect of the duties, or any of them, required of said board by this section: Provided, nothing herein contained shall be construed to exempt the securities, of said county superintendent from any liability as such securities, but they shall still be liable to the fund injured the same as if the members of the county board were not liable to them for neglect of their duty.

SECTION 1. The common school fund of this State shall consist of the proceeds of a two-mill tax to be levied upon each dollar's valuation of the property in the State, annually, until otherwise provided by law; the interest on what is known as the school fund proper, being three per cent upon the proceeds of the sales of the public lands in the State, one-sixth part excepted, and the interest on what is known as the surplus revenue, distributed by act of congress and made a part of the common school fund by act of the Legislature, March 4, 1837.

§ 2. The State shall pay the interest mentioned in the preceding section at the rate of six per cent per annum, annually, to be paid into, and become a part of, said school fund.

§ 3. On the first Monday in January in each and every year next after taking the census of the State, by federal or State authority, the Auditor of Public Accounts shall ascertain the number of children in each county in the State, under twenty-one years of age, and shall thereupon make a dividend to each county of the sum from the tax levied and collected under the provisions of the first section of this article of this act, and of the interest due on the school fund proper

and surplus revenue, in proportion to the number of children in each. county under the age aforesaid, and issue his warrants to the superintendent of schools of each county upon the collector thereof. Upon presentation of said warrant by the county superintendent to the collector of his county, said collector or the treasurer shall pay over to the county superintendent the amount of said warrant out of the first funds which may be collected by him and not otherwise appropriated by law, taking said superintendent's receipt therefor.

§ 4. The said warrants issued by the Auditor of Public Accounts for the school fund tax, and for the interest of the school fund proper and surplus revenue, shall be received by the State Treasurer in payment of amounts due the State from county collectors; and on presentation by the State Treasurer of said warrants to said Auditor, he shall issue his warrant to said treasurer on the school fund, for the amount of the school fund tax warrants, and on the revenue fund for the amount of the warrants for interest on the school fund proper and surplus revenue. Dividends shall be made as aforesaid, according to the proportions ascertained to be due to each county annually, thereafter, until another census shall have been taken, and then dividends shall be made and continued as aforesaid, according to the last census.

§ 5. If any collector shall fail or refuse to pay the amount of the aforesaid Auditor's warrant, or any part thereof, by the first day of March, annually, or as soon thereafter as it may be presented, it shall be competent for the county superintendent to proceed against said collector and his securities in an action for debt, in any court having competent jurisdiction, and the said collector shall pay interest at the rate of twelve per centum per annum, to be assessed as damages upon the amount due, and which interest shall be included in the judgment obtained against him: Provided, that if it satisfactorily appears to the court that on said first day of March, or on the day of presentation for payment thereafter, that said collector had not, as yet, collected funds sufficient to pay said warrant, said interest shall not be allowed upon said warrant.

§ 6. All bonds, notes, mortgages, moneys and effects which have heretofore accrued or may hereafter accrue from the sale of the sixteenth section of the common school lands of any township or county, or from the sale of any real estate or other property taken on any judgment or for any debt due to the principal of any township or county fund, and all other funds of every description which have been or may hereafter be carried to and made part of the principal of any township or county fund, by any law which has heretofore been, is now or may hereafter be enacted, are hereby declared to be and shall forever constitute the principal of the township or county fund, respectively; and no part thereof shall ever be distributed or expended for any purpose whatever, but the same shall be loaned out and held to use, rent or profit, as provided by law. But the interest, rents, issues and profits, arising and accruing from the principal of said township or county fund, shall be distributed in the manner and at the times as provided by this act; nor shall any part of such interest, rents, issues and profits be carried to the principal of the respect

ive funds, except it appear on the first Monday in October in any year, that there is rent, interest or other funds on hand which are not required for distribution, such amount not required, as aforesaid, may, if the board of trustees see proper, forever be considered as principal in the funds to which it belongs, and loaned as such.

§ 7. School funds collected from special taxes, levied by order of school directors, or from the sale of property belonging to any district, shall be paid out only on the order of the proper board of directors; and all other moneys or school funds liable to distribution, paid into the township treasury, or coming into the hands of the township treasurer, shall, after said funds have been apportioned by the township trustees, as required in section 26 of article III of this act, be paid out only on the order of the proper board of directors, signed by the president and clerk of said board, or by a majority of said board. For all payments made, receipts shall be taken and filed by said board of directors.

§ 8. In all such orders shall be stated the purpose for which or on what account drawn. Said orders may be in the following form, viz.:

.in....... ....county, ...cents (on his con

The treasurer of township No.. range No...... will pay to.. ..or order... ... dollars and. tract for repairing school house, or whatever the case may be.) By order of the board of directors of school district No. ......in said township.

A. B. President.
C. D. Clerk.

Which order, together with the receipt of the person to whom paid, shall be filed in the office of the township treasurer: Provided, that when an order is paid in full, such order, if properly endorsed by the person in whose favor it was drawn, and his assigns, if any, shall be a sufficient receipt for the purposes of this section.

§ 9. When a district is composed of parts of two or more townships, the township treasurer or treasurers who do not receive the tax money of said district, shall, when they hold any funds belonging to said district, notify the directors thereof of the amount of such funds, and the directors shall thereupon give the treasurer who receives the tax money of said district an order for such funds, and upon receipt thereof he shall hold them, to be paid out as aforesaid.

§ 10. In all cases where school funds are held by any person or persons in an official capacity, by virtue of any special charter defining the manner of loaning the same, such moneys may be loaned upon the same terms and conditions as are provided by this act, or may hereafter be provided, by the school laws of this State, for loaning the school funds of counties or townships.

SECTION 1. Section number sixteen (16) in every township granted to the State by the United States for the use of schools, and such sections and parts of section as have been or may be granted, as aforesaid, in lieu of all or part of section number sixteen (16), and also the lands which have been or may be selected and granted as aforesaid, for the use of schools, to the inhabitants of fractional townships in which there is no section number sixteen (16), or where such section shall not contain the proper proportion for the use of schools in such fractional townships, shall be held as common school lands; and the provisions of this act referring to common school lands shall be deemed to apply to the lands aforesaid.

§ 2. All the business of such townships, so far as relates to common school lands, shall be transacted in that county which contains all or a greater portion of said lands.

§ 3. It shall be lawful for the trustees of schools in townships in which section number sixteen (16), or any other lands granted in lieu thereof, remain unsold or which has title to any other school lands whatsoever, to rent or lease the same for an annual rent to be paid in money to the treasurer, by a written contract made by the president and clerk, under the direction of the board, with the lessee or lessees, which contract shall be filed with the records of the board, and a copy of the same transmitted to the county superintendent. In case of any default in the payment of the rent, the said board of trustees shall at once proceed to collect the same by distress, or otherwise, as may be provided by law for the collection of rents by landlords. No lease taken under the provisions of this act, shall be