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$ 11. County superintendents shall receive in full, for all services rendered by them, commissions as follows: Three per cent commis
the amount of sales of school lands, or sales of land upon mortgage, or of sales of real estate taken for debt, including all services therewith. Two per cent commission upon all sums distri. buted, paid or loaned out by them for the support of schools. For all other duties required by law to be performed by them, four dollars ($4) a day for such number of days as shall be spent in the actual performance of their duties, not exceeding the number fixed by the county boards in counties in which the boards are given power to fix the number of days by section 9 of this article of this act, and one dollar ($1) a day, for expenses for the number of days actually spent in school visitation.
1. A county superintendent is not entitled to a commission on the proceeds derived from a sale of lands, where the title to such lands is vested in the trustees of schools. The commission authorized by this section relates to the original sale of the sixteenth section, or the sale of lands, the title to which, is vested in the county superintendent and held by him as part of the principal of the county or township fund. Bateman's Decisions, 73.
2. The per diem aliowance to county superintendents of schools may be regarded as compensation and not as fees in the sense that that word is used in section 11, article 10 of the Constitution. That section has no application and does not operate to repeal the law under which the compensation is fixed. Jefferson County v. Johnson, 64-149.
3. The statute of 1867, fixing the compensation of county superintendents, was not repealed by section 11, article 10, of the Constitution. The per diem allowance to county superintendents may be regarded as compensation and not fees, as the term is used in that instrument. Knox County v. Christianer, 68-453.
4. Under the revision of 1872, a county superintendent of schools had no lawful authority to hold a teachers' institute, and thereby charge the county for such services, unless the holding of such teachers' institute had been provided for by the county board. The county board had complete control of this subject, and the county superintendent could not act for the county in this regard, without the sanction of the county board. Murray v. Clay County, 81-597.
5. Section 10, article 10 of the Constitution, in speaking of all county officers manifestly does not include the county superintendent of schools, an office that might or might not be created, but, if created, its compensation was to be prescribed by law. To ascertain what is the compensation of the county superintendent, we must look to the statutes enacted since the adoption of the Constitution. Jimison v. County of Adams, 38 A-52; Jimison v. Adams County, 130-558.
6. Section 5, article 8 of the Constitution provides, that there may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be prescribed by law. This provision vests the power of fixing the compensation of county superintendents of schools in the Legislature. Such superintendents do not belong to that class of county officers whose compensation is to be fixed by the county board, as provided in section 10, article 10 of the Constitution. Jimison v. Adams County, 130-558.
7. County superintendents elected hereafter shall receive in full for services rendered by them, in counties of the first class, $1,250 per annum; in counties of the second class, $1,650 per annum; in counties of the third class, $7,500 per annum; payable quarterly from the State school fund: Provided, however, that the board of supervisors or board of county commissioners may allow additional compensation for such services, payable quarterly from the county treasury. The Auditor in making his warrant to any county for the amount
due it 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 preceding apportionment of the State school fund. Section 27, Act Concerning Fees and Salaries.
§ 12. The county superintendents shall present under oath, affirmation, their itemized bills for their per diem compensation and for the expenses allowed by this article of this act, when visiting schools, together with a report of all their acts as such county superintendent, or assistant, including a list of all the schools visited, with the dates of visitation, to the county board, at the annual meeting of such county board in September, and as near quarterly thereafter as such board may have regular or special meetings, and after the bills have been audited by the county board, the county clerk shall certify to such auditing upon the bills, and transmit them to the Auditor of Public Accounts, who shall, upon receipt of them, remit in payment thereof to each superintendent his warrant upon the State Treasurer for the amount certified to be due him. The said Auditor, in making his warrant to any county for the amount due it 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.
§ 13. It shall be the duty of each county superintendent of schools in this State
First-To sell township fund lands, issue certificate of purchase, report to the county board and State Auditor, and perform all other duties pertaining thereto, as required by article 13 of this act.
1. Courts of equity will scrupulously examine the conduct of persons acting in fiduciary or trust capacities, and protect the trust property from waste, whether it arise from the actual or constructive fraud of the trustee, acting with the party obtaining the undue advantage, or from the fraud of the latter alone. Moore v. School Trustees, 19–83.
Second—To register applicants for admission to the State Normal Universities and to the University of Illinois, and to assist in the examination of the same as directed by the State Board of Education or other proper authorities.
Third-To visit each school in the county at least once a year, and in the performance of this duty he shall spend at least half the time given to his office, and more, if practicable, in visiting ungraded schools.
Fourth-To note, when visiting schools, the methods of instruction, the branches taught, the text-books used, and the discipline, government and general condition of the schools.
Fifth-To give teachers and school officers such directions in the science, art and methods of teaching and courses of study as he may deem expedient and necessary.
Sixth-To act as the official adviser and constant assistant of the school officers and teachers of his county; and in the performance of this duty he shall faithfully carry out the advice and instruction of the State Superintendent of Public Instruction.
Seventh-To conduct as provided for in section 10 of article 7 of this act, a teachers' institute, and to aid and encourage the formation of other teachers' meetings, and to assist in their management.
Eighth—To labor in every practicable way to elevate the standard of teaching, and improve the condition of the common schools of his county.
Ninth—To examine at least once each year, all books, accounts and vouchers of every township treasurer in his county, and if he finds any irregularities in them he shall at once report the same in writing to the board of trustees, whose duty it shall be to take, immediately, such action as the case demands.
Tenth-To examine all notes, bonds, mortgages, and other evidences of indebtedness which the township treasurer holds officially, and if he finds that the papers are not in proper form, or that the securities are insufficient, he shall so state in writing to the board of trustees.
Eleventh-To give notice of the election of trustees in cases such as those provided for in section 15, article 3 of this act.
Twelfth—To file and safely keep the poll books and returns of any election required to be returned to the county superintendent by any provision of this act.
Thirteenth—To investigate and determine all matters pertaining to the change in the boundaries of school districts which may come to him by appeal from the decision of the school trustees, and to notify the township treasurer, from whom the papers relating to the matter were received, of his decision of the matter.
1. On appeal to the county superintendent from the action of the boards of trustees of certain townships rejecting petitions for the formation of a new school district, it is his duty to investigate and determine whether the proposed change will be for the best interests of the districts affected, and his decision is final, in the absence of fraud or a flagrant abuse of his discretion. School Trustees v. School Directors, 190-390; People v. Keechler, 194-235.
Fourteenth-To give notice of the election of school directors in cases such as are provided for in section 9 of article 5 of this act.
Fifteenth-To hold meetings, at least quarterly, for the examination of teachers, as provided for in section 7 of article 7 of this act.
Sixteenth—To grant certificates of qualification to such persons as may be qualified to receive them, as provided for in section 3 of article 7 of this act; and to keep a record of all teachers to whom such certificates have been granted, as provided by section 4 of article 7 of this act; and to keep a record of all teachers employed in teaching in his county,
Seventeenth-To keep a just and true account of all moneys received and all moneys paid out on account of the "institute fund,” and make report thereof to the county board, as provided for in section 9 of article 7 of this act.
Eighteenth-To present to the county board of the county, at the first regular meeting thereof, annually, the report required by section 3 of article 11 of this act.
Nineteenth-To notify presidents of boards of trustees and clerks of school districts, on or before Sept. 30, annually, of the amount of money paid by him to the township treasurer, and the date of such payments.
Twentieth-To receive and file, on or before the 15th day of July preceding each regular session of the General Assembly, and such other times as may be required by the State or county superintendent, a statement from the board of trustees of each township, giving such statistics and information as may be called for.
$ 14. The said county superintendent shall have power
First-To require the board of trustees of each township in his county to make, at any time he may desire, the report provided for in section 28 of article 3 of this act.
Second-To recommend to the State Superintendent the remission of the penalty provided for a failure by the trustees of schools to make the report provided for by law.
Third— Îo renew teachers' certificates at their expiration by his indorsement thereon.
Fourth-To revoke the certificate of any teacher for immorality, incompetency or other cause.
Fifth—To direct in what manner township treasurers shall keep their books and accounts.
Sixth-To bring suit against the county collector for a failure to pay State Auditor's warrant, as provided for in section õ of article 12 of this act.
Seventh-To remove any school director from office for a willful failure to perform the duties of his office.
Eighth-To lease and sell real estate in cases provided for in section 26 of article 13 of this act, in the manner therein specified.
S 15. The said county superintendent shall provide three well bound books, which shall be paid for from the county treasury. These books shall be known and designated by letters A, B, C, for the following purposes: In book A he shall record at length all petitions presented to him for the sale of common school lands, and the plats and certifi. cates of valuation made by or under the direction of the trustees of schools, and the atfidavits in relation to the same. In book B he shall keep an account of all sales of common school lands, which account shall contain the date of sale, name of purchaser, description of land sold and the sum sold for. In book C he shall keep a regular account of all moneys received for lands sold or otherwise, and loaned or paid out; the persons from whom received, and on what account, and showing whether it is principal or interest: the person to whom loaned, the time for which the loan was made, the rate of interest, the name of the securities, when personal security is taken, or if real estate is taken as security, a description of the real estate; and if paid out, to whom, when, and on what account, and the amount paid out; the list of sales and the account of each township fund to be kept separate.
$ 16. The county superintendent shall report, in writing, to the county board, at their regular meeting in September of each year, giving first, the balance on hand at the time of the last report and a statement in detail of all receipts since that date, and the sources from which they were derived; second, the amount paid for expenses; third, the amount of his commissions; fourth, the amount distributed to each of the township treasurers in his county; fifth, any balance on hand. He shall also present for inspection at the same time his books and vouchers for all expenditures, and all notes or other evidences of indebtedness which he holds officially, with the securities of the same; and he shall give in writing a statement of the condition of the county fund, of the institute fund, and of any township funds of which he may have the custody,
$ 17. On or before the 15th day of August before each regular session of the General Assembly of this State, or annually, if so required by the State Superintendent of Public Instruction, the county superintendent shall communicate to said State superintendent all such information and statistics upon the subject of schools in his said county as the said State superintendent is bound to embody in his report to the Governor, and such other information as the State superintendent shall require.
$ 18. In all cases where the township board of trustees of any township shall fail to prepare and forward, or cause to be prepared and forwarded to the county superintendent, the information and statistics required of them in this act, it shall be the duty of the said county superintendent to employ a competent person to take the enumeration and furnish such statistical statement, as far as practicable, to the superintendent; and such person so employed shall have free access to the books and papers of said township to enable him to make such statement; and the township treasurer or other officer or person in whose custody such books and papers may be shall permit such person to examine such books and papers at such times and places as such person may desire for the purposes aforesaid; and the said county superintendent shall allow, and pay to the person so employed by him, for the services such amount as he may judge reasonable out of any money which is or may come into said superintendent's hands, apportioned as the share of or belonging to such township; and the said county superintendent shall proceed to recover and collect the amount so allowed or paid for such services, in a civil action before any justice of the peace in the county, or before any court having jurisdiction in the name of the People of the State of Illinois, of and against the trustees of schools of said township in their individual capacity; and in such suit or suits the said county superintendent and township treasurer shall be competent witnesses; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to replace the money taken as aforesaid.
$ 19. Whenever the bond of any township treasurer approved by the board of trustees of schools, as required by law, shall be delivered to the county superintendent, he shall carefully examine the same, and if the instrument is found in all respects to be according to law, and the securities good and sufficient, he shall endorse his approval thereon, have it recorded in the circuit clerk's office, and file the same with the papers of his office, but if said bond is in any respect defective, or if the penalty is insufficient, he shall return it for correction. When the bond shall have been duly received and filed, the superintendent shall, on demand, deliver to said township treasurer a written statement certifying that his bond has been approved and filed, and