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council shall make or cause to be made to the proper party the bonds or obligations of said city, for the payment of the purchase money according to said terms, or said board may execute in their own name said contract, bond or obligation, and they shall be binding upon said city: Provided, a majority of the city council shall consent to the same; and the city council shall provide for the payment of the same and the interest thereon as it becomes due, as though they were executed by the city of Jacksonville, and under her corporate seal. APPROVED Feb. 15, 1867.

JOLIET SCHOOL DISTRICT.

AN ACT to reduce the law incorporating the city of Joliet and the several acts amendatory thereof into one act, and to amend the same.

CHAPTER XI.

SECTION 1. The city of Joliet shall be divided into two school districts, as follows: All that portion of the city lying west of the Desplaines river shall constitute District Number One, and all that lying east of said river shall constitute District Number Two.

§ 2. There shall be elected at the first election held under this act, three school inspectors in each school district; one in each district to hold his office one year, one two years, and one three years, to be determined by lot, so that one inspector shall be elected in each district in each year thereafter to hold his office for three years.

§ 3. That all buildings, lots and property belonging to the several school districts within the jurisdiction of said city, are hereby vested in said city for school purposes.

§ 4. The city council shall have power:

First-To build, erect, repair, purchase, hire or lease buildings for school houses and other school purposes.

Second-To buy, condemn and appropriate, or lease sites and lots for school houses and the necessary grounds.

Third-To furnish schools and school houses with the necessary library, furniture, apparatus, fixtures, appurtenances and conveniences.

Fourth-To establish and maintain schools, and to levy and collect taxes for the payment of teachers, and all other expenses necessary for the proper support of such schools.

Fifth-To fix the amount of compensation to be allowed to teachers. Sixth-To prescribe the school books to be used and the studies to be used in the different schools.

Seventh-To prescribe the duties of the board of school inspectors. Eighth-To demand and receive from the trustees of schools of township 35 North, range 10, in the county of Will, and from the treasurer of the school fund of said township, semi-annually, such portion of the interest of said school fund and such other funds as the school districts of said city, or the schools therein, are now or hereafter may be by law entitled to receive.

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Ninth-And generally have and possess all the rights, powers and authority necessary for the proper regulation and management of schools in said city, and to enact and enforce such ordinances, bylaws and regulations as may be necessary to carry their powers and duties into effect.

§ 5. It shall be the duty of the board of school inspectors on or before the last Tuesday in each school year, to publish in the corporation newspaper a full report of the number of pupils instructed in the year preceding; the several branches of education pursued by them; the amount paid to each teacher; the incidental expenses of each school, and the receipts and expenditures of the respective schools, specifying the sources of such receipts and the object of such expenditures.

§ 6. That all that part of section 3 which is east of the Desplaines river, the whole of section 2, the west half of section 11, the east quarter of section 10, in township 35 North, range 10 East of the 3rd principal meridian, be, and the same are, added to and made a part of the School District No. Two, and section 4, and that part of section 3 lying west of the Desplaines river in the same township, is hereby added to and made a part of School District No. One, in said city of Joliet, for school purposes and for no other, and the said city is hereby fully authorized and empowered to levy and collect taxes on all property of all kinds in said territory hereby annexed, the same as in other parts of said city, for the erection of buildings, leasing and repairing school houses, and furnishing the same, purchasing libraries and the necessary apparatus therefore, and support and maintenance of schools, and for all other school purposes, and for no other purpose; and to have and exercise all neccessary jurisdiction over said territory, and the property and rights of property therein, fully to carry out and into effect the provisions of this section; and the legal voters of said territories hereby attached, are hereby authorized to vote for school inspectors of said city or in any ward of said city, in their respective school districts, and are hereby declared eligible to the office of school inspectors in their respective school districts. Separate ballot boxes for each ward shall be provided, in which the inspectors of election shall receive all votes cast for school inspectors. the names for which shall be on a separate ticket. APPROVED Jan. 31, 1857.

JOLIET SCHOOL DISTRICT AGAIN.

AN ACT to provide for the election of boards of inspectors in certain

cases.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in every city in this State whose schools have been operating under the provisions of special acts and are governed by a board of school inspectors, and where such city, together with territory added thereto for school purposes, includes two districts for the purpose of electing six inspectors (three

in each district) and one district for all other school purposes, there shall continue to be elected a board of school inspectors, consisting of six members (three in each district) and one inspector at large, who shall be chosen for a term of three years.

§ 2. Such board of inspectors, when elected and qualified, shall have power, in addition to the powers conferred upon it by special law and the general school law, to employ teachers, janitors and such other employés as the board of inspectors shall deem necessary and to fix the amount of their compensation; to buy or lease sites for school houses, with the necessary grounds; to build, erect, lease or purchase buildings suitable for school purposes; to repair and improve school buildings and to furnish them with the necessary supplies, fixtures, apparatus, libraries and fuel: and such board of inspectors shall have full power, and it shall be the duty of such board of inspectors to take the entire supervision and control of the schools of such district.

§ 3. The board of school inspectors shall have the power to levy a tax, annually, upon all of the taxable property of such district, in the manner provided by article 8 of the general school law, for the purpose of maintaining free schools, in accordance with the powers conferred by section 2 of this act. All moneys raised by taxation for school purposes, or received from the State common school fund, or any other source, or now held or hereafter collected for school purposes, shall be paid to and held by the township treasurer as a special fund for school purposes, subject to the order of the board of school inspectors, upon warrants signed by the president and secretary thereof, or a majority of said board.

1. The taxing power should not be held to exist in a body seeking to exercise such power unless the power is conferred upon such body in clear and unequivical terms. People v. Mottinger, 215-256.

§ 4. The title, care and custody of all school houses and school sites belonging to such districts shall be vested in the trustees of schools of the townships in which such districts are situated: Provided, however, that the supervision and control of such school houses and school sites shall be vested in the board of inspectors of such districts.

§ 5. The trustees of schools of townships in which such districts are situated are hereby vested with the power to alter or change the boundaries of such school districts when petitioned as provided for by the general school law.

§ 6. "An act extending the powers of boards of school inspectors elected under special acts," approved June 19, 1893, as amended by an act approved June 11, 1897, and an "Act increasing the number of school inspectors elected under special acts from six to seven members," approved March 6, 1895, and all other acts and parts of acts inconsistent with the provisions of this act are hereby repealed. APPROVED May 12, 1905.

KANKAKEE SCHOOL DISTRICT.

AN ACT to incorporate the Kankakee School District

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the territory embraced within the limits described as follows, to-wit: Commencing at the southwest corner of fractional section number thirty-one, in township number thirty-one North, of range number twelve East, in Kankakee county; thence running north to the northwest corner of said section; thence east to the center of section number thirty-three, in said township and range; thence south to the south side of said township; thence to the north and south line of the center of section number four, in township number thirty North of range number thirteen West, in said county, and thence south to the Kankakee river; thence down said river to a point where the north side of fractional section number eight, in said last mentioned township, strikes said river; thence west along the north sides of said section number eight and section number seven, to the west side of said last mentioned township; thence north to the northwest corner thereof; thence west to the place of beginning, shall constitute a school district, to be known as the Kankakee School District.

§ 2. The government of said school district shall be vested in a board of education, to be composed of six persons, to hold their offices for three years, and until their successors are elected and qualified; and the said board of education are hereby declared a body politic and corporate, by the name and style of "The Board of Education of the Kankakee School District"; and by that name may sue and be sued, and receive the title to real estate conveyed to the said school district, and sell and convey real estate belonging to said board or said district; and all school houses, property and real estate belonging to the school districts embraced within said school district, is hereby conveyed and vested in the said board of education, in fee simple; and the said board of education are hereby made the successors of the directors of all schools of the school districts merged in or embraced within the limits of said district; and all documents, contracts, indentures, or instruments in writing, made or issued by said board, shall be signed by the president thereof, and attested by the clerk thereof.

§ 3. On the first Monday of August, A. D. 1865, there shall be elected, by the electors of said school district, six persons to constitute said board of education; and upon their first meeting, they shall cast lots for their respective terms of office, two to serve one year, two to serve two years, and two to serve three years; and on the first Monday of August, annually, thereafter, there shall be elected by said electors of said district, two persons as members of said board of education, and also, persons to fill any vacancies in said board for unexpired terms, when they occur. Ten days' previous notice of such elections shall be given by the clerk of said board, by posting up five notices, of the time, place and purposes of such election, in the most public places in said school district. Said elections shall be held at

the court house in said school district, and shall be by ballot. The president of said board, and one member thereof, shall be judges of such elections, and the clerk of said board shall be the clerk of said elections; but if any of said officers shall fail to attend, or refuse to act, the electors assembled shall, viva voce, choose persons to act as such judges and clerk. A poll book shall be kept by the clerk, registering the names of the voters; and the persons receiving the highest number of votes cast shall be declared elected. In case of a tie in any election, the judges of election shall decide the same by casting lots on the day of the election. The elections shall be opened at the hour of 1:00 o'clock p. m., and shall be closed at the hour of 4:00 o'clock p. m.; and the judges and clerks shall certify, to the board of education, the names of the persons who were elected members of said board, and the number of votes each person voted for received. If, between the times of the annual election, any vacancy shall occur in said board, by death, removal from said district, or resignation, the remaining members of said board shall appoint a person to fill such vacancy until the next annual election.

§4. On the second Monday of August, in each year, said board of education shall meet together, and organize by electing one of their number president of said board, and another of their number clerk of said board, and shall appoint a treasurer of said school district, who shall not be a member of said board, and shall hold his office for three years, and until his successor shall be appointed, but may be removed at any time by said board, and his successor appointed. Said president and clerk shall hold their offices for one year. The clerk of said board shall be present at all meetings of said board, and record the proceedings of such meetings, in records to be kept for that purpose; and the result of the aforesaid elections and appointments shall be entered in such records; and said proceedings, when recorded, shall be signed by the president and attested by the clerk of said board; and the same or certified copies thereof, under the hand of said clerk, shall be prima facie evidence in courts and elsewhere. Said board shall also meet on the first Mondays of the months of November, February and May, in each year, and may adjourn from time to time, as they may think proper; and the president or any two members of said board may call special meetings thereof, whenever it may seem proper. Four members of said board shall constitute a quorum for the transaction of business; and in the absence of the president or clerk, the board may appoint a president or clerk pro tempore; and upon the death, removal from said district, or resignation of the president or clerk, the said board shall elect persons to fill such vacancy for the unexpired term.

§ 5. The said board of education shall have the following powers, besides those herein before mentioned:

First. They shall provide common schooling for all persons residing within said school district, between the ages of five years and twenty-one years, for not less than eight months of each year.

Second. They shall have control of all school houses, school lots and school property within said school district; shall have power to

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