*

thereof, or to take up the same, to the holders or owners of the same, or to other persons for money with which to take up the same, new bonds or other evidences of indebtedness, in such form, for such amount, upon such time, not exceeding the term of twenty (20) years, and drawing such rate of interest not exceeding eight (8) per centum per annum, as may be determined upon; and such new bonds or other evidences of indebtedness so issued shall show, on their face, that they are issued under this act: Provided, that the issue of such new bonds in lieu of such indebtedness shall first be authorized by a vote of the legal voters of such school district voting at an election called and conducted as other elections provided for by this article of this act:

And, provided, further, that such bonds or other evidences of indebtedness shall not be issued so as to increase the aggregate indebtedness of such school district beyond five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, prior to the issuing of such bonds or other evidences of indebtedness.

SECTION 1. In all cases where, by any provision of laws, the returns of any election for school trustees are made to the county clerk of any county, it shall be the duty of the county clerk, within ten days after such returns have been made to him, as aforesaid, to furnish to the county superintendent of schools a list of all such trustees so returned to him, and the township from which the same have been so returned.

§ 2. Whenever any change shall be made in the boundaries of any school district, and a written statement or record of such change shall be delivered to the county clerk of such county, it shall be the duty of said county clerk to file such statement or record, and all papers relating thereto, and duly record the same in the records of his office; and in case of neglect or failure so to do, the said county clerk shall be liable to a penalty of twenty-five dollars ($25), to be recovered by an action of debt before any justice of the peace, at the suit of the county superintendent, for the benefit of the school fund of the said county.

*7 per cent. is the highest rate allowed by law, on loans made on or after July 1, 1891.

§ 3. Whenever any school district lies partly in two or more counties, it shall be the duty of the county clerk of each county in which any part of such district lies to furnish, upon request, to the directors of such district a certificate showing the last ascertained equalized value of the taxable property in that part of such district lying in such county.

§ 4. It shall be the duty of the county clerk to furnish to the directors of any school district, or to the board of education in districts having a board of education, upon request, a certificate showing the last ascertained equalized value of the taxable property of such district, as the same appears of record in his office.

§ 5. It shall be the duty of the county clerk, when making out the tax books for the collector, to compute each taxable person's tax in each school district, upon the total amount of taxable property, as equalized by the State Board of Equalization for that year, lying and being in such district, whether belonging to residents or non-residents, and also each and every tract of land assessed by the assessor which lies, or the largest part of which lies, in such district. Such computation shall be made SO as to realize the amount of money required to be raised in such district, as shown and set forth in the certificate of tax levy, made out by the directors of such district, and filed with the township treasurer, as required by the provisions of this act. The said county clerk shall cause each person's tax, so computed, to be set upon the tax book to be delivered to the collector for that year, in a separate column against each tax payer's name, or parcel of taxable property, as it appears in said collector's books, to be collected in the same manner, and at the same time, and by the same person, as State and county taxes are collected. In making up the tax books to be delivered to the collectors of taxes, the county clerk shall copy into such tax books the number of the school district set opposite to each person's assessment of personal property by the assessor making the assessment of such person, and to extend the school tax on each person's assessment of personal property, according to the rate required by the amount designated by the directors of the school district in which such person resides, as shown by said certificate of tax levy. The computation of each person's tax and the levy made by the clerk, as aforesaid, shall be final and conclusive: Provided, that the rate shall be uniform, and shall not exceed that required by the amount certified by the board of directors. The said county clerk, before delivering the tax book to the collector, shall make out and send by mail to each township treasurer of the county a certificate of the amount due each district, or fraction of a district, in his township, of said tax so levied and placed upon the tax books.

§ 6. Whenever the county board of any county shall have audited the itemized bills of the county superintendents of

schools or their assistants, as required by the provisions of this act, it shall be the duty of the county clerk of such county to certify to such act, and transmit the said bills to the Auditor of Public Accounts, who shall, upon the receipt of them, remit, in payment thereof to each superintendent, his warrant upon the State Treasurer for the amount certified to be due him; and the Auditor, in making his warrant to any county for the amount due from the state school fund, shall deduct from it the several amounts for which warrants have been issued to the county superintendent of said county since the next preceding apportionment of the state school fund.

§ 7. The county clerk of each county shall preserve and record in a well-bound book to be kept for that purpose, the report of the county superintendent, made to the county board at the first regular term of such board in each year, relating to the sale of school lands, the amount of money received, paid, loaned out and on hand, belonging to each township fund in his control, and the statement copied from the loan book of such county superintendent, showing all the facts in regard to loans, which are required to be stated on the loan book.

ARTICLE XI.

1. Powers of the county board defined. 2. Duties of the county board defined.

COUNTY BOARD

| $ 3

3. Statement of land sales by the county board.

SECTION 1. The county board of each county of this State shall have power

First-To approve the bond of the county superintendent of schools.

Second-To increase the penalty of the bond of the county superintendent of schools beyond twelve thousand dollars ($12,000) if, in the discretion of said county board, such bond should be so increased.

Third-To remove the county superintendent of schools from office for any palpable violation of law or omission of duty.*

Fourth-To require the county superintendent of schools, after notice given, to execute a new bond, conditioned and approved as the 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 to 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

*This grant of power is not annulled by the repeal of section 7, article II.

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 securi

ties 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 twentyone 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 warrant 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.